The European Union Intellectual Property Office (EUIPO), based in Alicante, Spain, administers the EU Trade Mark (EUTM) system. It is one of the most efficient trademark systems in the world: a single application, one set of fees, one registration that covers 450 million consumers across 27 countries. For any brand with European ambitions, it is almost always the starting point.
How EUIPO Filing Works
The process is straightforward compared to filing 27 national applications separately:
- Search — EUIPO's TMview database (free) and national registers for conflicts
- File online — at euipo.europa.eu, in any EU language
- Examination — EUIPO checks absolute grounds (distinctiveness, descriptiveness) but does not check relative grounds (conflicts with earlier marks) ex officio
- Publication — the application is published for a 3-month opposition period
- Registration — if no opposition, registration is granted
The key difference from the U.S. system: EUIPO does not search for conflicting earlier marks on your behalf. Owners of earlier marks must watch for new applications and file oppositions themselves. This means your clearance search before filing is critical — EUIPO won't catch conflicts for you.
Fees (2026)
- €850 — one class, online filing
- €50 — second class
- €150 — each additional class from the third onward
- Renewal: €1,000 for one class every 10 years
The Unitary Nature Risk
An EUTM is a single right covering all 27 countries. This has a significant downside: if a court in any member state invalidates the mark (because someone in that country had prior rights), the invalidation potentially affects the entire EU registration, not just that country. For brands entering markets where local prior rights may exist — particularly Eastern European markets where trademark search coverage is less thorough — this is a real risk to assess before filing an EUTM rather than a bundle of national marks.
Practical workaround: For high-risk scenarios, some brands file both an EUTM and a German national mark (Germany being the largest EU economy). If the EUTM is challenged, the German national mark survives independently.
Filing Strategy for the EU System
The EUTM decision is really a portfolio architecture decision. The classic structure for serious European brands is EUTM-plus-selective-national: the EUTM provides the 27-country umbrella, while national registrations in your two or three core markets (Germany and France most commonly) survive any EUTM-level attack and support local enforcement traditions. Seniority claims let you fold existing national rights into the EUTM without abandoning their earlier dates — a mechanism underused by companies that grew country-by-country.
Opposition exposure scales with the system's reach: your application is published against every earlier right in every member state, so EUIPO clearance searches must be genuinely pan-European, including national registers, not just the EUTM database. Budget decisions should assume some probability of opposition in crowded classes and weigh the conversion safety net — a failed EUTM converts into national applications with the original date, expensive but not fatal.
Frequently Asked Questions
Do I need an EU address to file an EUTM?
Non-EU applicants must appoint a representative with an EU address (typically a trademark attorney) for most proceedings. For the initial filing, non-EU applicants can file directly but will need representation if an office action or opposition arises.
Does an EUTM cover the UK after Brexit?
No. Since January 1, 2021, EUTMs no longer cover the United Kingdom. UK businesses automatically received "cloned" UK registrations for all existing EUTMs as of that date, but new EUTM filings provide no UK protection. A separate UK application is required.
Can I convert an EUTM to national applications if it's refused?
Yes — this is called "transformation." If an EUTM application is refused or the registration is declared invalid, you can convert it into national applications in individual member states, retaining the original EUTM filing date as your priority date.
How long does an EU trademark last?
An EUTM is valid for 10 years from the filing date and renews indefinitely in 10-year periods. A single renewal maintains protection across all 27 member states simultaneously.
What happens to my EUTM if one country objects?
The EUTM is all-or-nothing: a successful opposition or invalidity action based on an earlier right in any single member state defeats the entire registration. The safety valve is conversion — you can convert a fallen EUTM into national applications in the unaffected countries, keeping the original filing date, though at additional cost per country.
Do I need to use my EUTM in every EU country?
No. Genuine use in a substantial part of the EU defends the registration against non-use revocation after the 5-year grace period. Use in one major market can suffice depending on the circumstances, but token or purely internal use does not.
Can I claim priority for an EUIPO filing?
Yes — an EUTM application filed within 6 months of your first application in a Paris Convention country claims that earlier date. You can also claim seniority from existing national EU registrations, preserving their earlier dates inside the EUTM.