One Application, Twenty-Seven Countries
If you're expanding a business into Europe, the EU Trade Mark (EUTM) system is one of the most practically efficient intellectual property tools available anywhere in the world. A single application filed with the European Union Intellectual Property Office (EUIPO), based in Alicante, Spain, results in a trademark registration that is valid in all 27 European Union member states simultaneously — from Portugal to Poland, from Sweden to Greece.
Compare that to filing country by country: 27 separate national applications, 27 different examination processes, 27 different sets of fees, 27 different renewal schedules. The EUTM system was designed precisely to eliminate that complexity, and for most brands entering the European market, it's the correct starting point.
How the EUIPO Application Works
The process follows a structure similar to the USPTO but with some important differences in timing and examination approach.
Filing
Applications are filed online through the EUIPO's eSearch and filing portal. You'll need:
- A representation of the mark (word, logo, or other mark type)
- A list of goods and services in the relevant Nice Classification classes
- The applicant's details (name, address, nationality/domicile)
- Payment of the filing fee
Unlike the USPTO, the EUIPO does not require a specimen at the time of filing — you're not required to prove current use in commerce to register. This makes it easier to file proactively before you've launched in Europe. However, the flip side is the genuine use requirement after registration.
Examination
The EUIPO examines the application for absolute grounds only — whether the mark is inherently registrable (not descriptive, not generic, not contrary to public order). The EUIPO does not search for conflicts with earlier marks on your behalf. It's your responsibility to search and assess conflicts before filing.
If the mark passes examination, it's published in the EU Trade Marks Bulletin for a 3-month opposition period. Any owner of an earlier mark can oppose registration during this window.
Registration
If no opposition is filed (or all oppositions are resolved), the mark registers. The total timeline from filing to registration for an uncontested application is typically 4–6 months — significantly faster than the USPTO's 8–14 months.
Fees: What You Actually Pay
EUIPO Online Filing Fees (2026):
1st class: €850
2nd class: +€50 (total €900)
3rd class and each additional: +€150 per class
Example — 3 classes: €850 + €50 + €150 = €1,050
Renewal (every 10 years):
1st class: €1,000 · 2nd class: +€50 · Each additional: +€150
For comparison, the USPTO charges $250–$350 per class with no discount for additional classes. For a 3-class application, the EUIPO is significantly cheaper than the USPTO while covering 27 countries instead of one. The economics strongly favor early EU filing for any brand with European ambitions.
The Unitary Nature Risk
The EUTM's greatest strength — covering all 27 countries in one filing — is also its most significant vulnerability. Because the registration is unitary, a successful challenge in any one EU member state can invalidate the entire registration.
The most common scenario: a mark that's descriptive or generic in one EU language but distinctive in others. The word "Bio" is considered generic in Germany for organic food products (it's the common German word for organic). A food brand with "Bio" in its mark that successfully registers as an EUTM might later face a cancellation action from a German competitor on grounds of descriptiveness under German language understanding — and if successful, the cancellation affects all 27 countries, not just Germany.
For brands with marks that have meaning in specific European languages — especially German, French, Spanish, and Italian, the four largest EU markets — a pre-filing search in those languages is essential. Some brands with this risk profile file both an EUTM (for efficiency) and national registrations in key markets (as backup) to prevent a single-point-of-failure problem.
The 5-Year Genuine Use Requirement
An EUTM that is not put into genuine use within the EU within 5 years of registration becomes vulnerable to revocation for non-use. "Genuine use" means actual commercial use in the EU — not token use designed purely to maintain the registration, but real commercial activity in at least one EU member state.
This is an important practical consideration for U.S. brands that register an EUTM defensively before launching in Europe. If your European launch takes longer than 5 years, you risk the registration being cancelled by a competitor who files a revocation action. Monitor your use timeline and ensure you've commenced genuine EU use within the window.
EUTM vs Madrid Protocol for EU Coverage
There are two ways to get EU trademark coverage: filing directly with the EUIPO (EUTM) or using a Madrid Protocol international application to designate the EU as a territory.
Filing directly with the EUIPO is generally faster and often cheaper for EU-specific protection. The Madrid Protocol is better when you're filing in multiple non-EU countries simultaneously — the administrative efficiency of a single Madrid application covering 10+ territories (including the EU) outweighs the marginal cost difference for multi-country filings.
Frequently Asked Questions
Does an EU trademark cover the UK after Brexit?
No. The UK left the EU on January 31, 2020, and UK trademark protection is now entirely separate from the EUTM system. EUTMs registered before January 1, 2021 were automatically cloned into equivalent UK registrations. EUTMs filed after that date do not cover the UK. For protection in both the EU and UK, you need separate registrations — one with the EUIPO, one with the UK Intellectual Property Office (UKIPO).
Can a non-EU company file an EUTM?
Yes. Any natural or legal person — regardless of nationality or where they're based — can file an EUTM. There's no requirement to be an EU resident or have a business presence in the EU. U.S. companies file EUTMs routinely for European market protection. You don't need a local attorney to file (the EUIPO accepts direct filings from applicants), though professional representation is advisable for contested matters.
How long does an EU trademark last?
An EUTM lasts 10 years from the filing date and can be renewed indefinitely in 10-year increments. The renewal fee for one class is €1,000, with additional fees for each class. Unlike the USPTO's 5-year and 10-year maintenance schedule, the EUIPO only has a single 10-year renewal cycle — simpler to manage.
What happens if my EUTM is opposed?
If an opposition is filed during the 3-month publication period, the EUIPO initiates an opposition procedure. Both parties are given an opportunity to submit observations and evidence. The EUIPO examines the opposition and issues a decision. If the opposition succeeds, the application is refused (either entirely or partially, for some of the goods/services). Either party can appeal to the EUIPO's Boards of Appeal, and then to the EU General Court.