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EU trademark application procedure - process and preparation
Expert article on trademark law
1. Preparing the registration
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Trademark research: Before filing a trademark application, you should check whether identical or similar trademarks are already registered as EU trademarks or in individual member states. This will help avoid future conflicts.
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Choice of brand form: We decide whether a word mark, word/image mark (logo), image mark or another type of trademark should be registered and which variant(s) make legal and strategic sense.
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List of goods and services: Every trademark must clearly state the products and/or services for which protection is sought. The goods and services are classified into the so-called Nice classes Precise and forward-looking wording is crucial, as the scope of trademark protection depends on it.
2. Filing the application with the EUIPO
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The application is filed electronically with the European Union Intellectual Property Office (EUIPO) in Alicante, Spain.
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The official filing fees must be paid upon filing (basic fee for one class when filed electronically: EUR 850, for the second class: EUR 50, for each additional class: EUR 150).
3. Examination by the EUIPO
a) Formal examination
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Completeness: All required information must be available (applicant, trademark, directory).
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Fees: The official registration fees must be paid on time.
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Correctness: Information must be clear and consistent.
b) Examination of the list of goods and services
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Clarity and unambiguousness: Each statement must be precise enough to clearly indicate what trademark protection is being claimed for.
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Vague or ambiguous terms, for example, are not permitted.
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Classification: The EUIPO checks whether the selected terms are assigned to the correct Nice classes.
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Revision: If the list is unclear, the office will object to it and request a correction.
c) Substantive examination (absolute grounds for refusal)
The EUIPO examines whether the trademark is even eligible for registration. Grounds for refusal include:
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lack of distinctiveness (e.g. purely advertising-related statements),
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purely descriptive information,
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risk of deception,
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protected national emblems,
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Violations of public order or morality.
But: The EUIPO examines whether older rights are infringed not. Therefore, preliminary research is essential.
4. Publication and objection period
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If the application is accepted, the EUIPO publishes the trademark.
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From publication, a three-month objection periodOwners of older trademarks from the EU or individual member states can file an opposition here at low cost. Cancellation proceedings are still possible even after the deadline has expired.
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If the opposition period expires without receipt of an opposition, the EUIPO will register the trademark.
5. Duration of protection
- An EU trademark is initially 10 years from the date of registration protected and can be extended as often as required for a further 10 years each time.
- The protection applies uniformly in all 27 EU Member States.
In short:
An EU trademark application offers uniform protection in all member states – but requires thorough preparation, particularly in the search and the list of goods and services. The EUIPO only examines the formal requirements and absolute grounds for refusal, not prior rights. Registration creates valuable, Europe-wide trademark protection.
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