Essential Steps for Filing a Successful EUIPO Trademark Application

Filing a trademark application with the European Union Intellectual Property Office (EUIPO) can protect your brand across 27 EU countries. Yet, many applicants face delays or refusals due to avoidable mistakes. Taking the right steps before submitting your application increases your chances of success and saves time and money.

This guide walks you through the essential actions to complete before filing your EUIPO trademark application. Following these steps will help you build a strong foundation for your trademark and avoid common pitfalls.

Reviewing trademark application documents before submission

Understand What a Trademark Protects

Before applying, clarify what your trademark will protect. A trademark can be a word, logo, slogan, or combination that identifies your goods or services. It prevents others from using similar marks that could confuse customers.

Think about how you want to use the trademark in the market. For example, if you plan to use a logo on clothing, your trademark should cover apparel-related goods. If you want to protect a brand name for software, focus on relevant service classes.

Knowing this helps you select the right trademark type and classification, which is crucial for a successful application.

Conduct a Thorough Trademark Search

One of the most important steps is to check if your trademark is already in use or registered. The EUIPO database allows you to search existing trademarks to avoid conflicts.

Search for:

• Identical trademarks

• Similar trademarks with close spelling or design

• Trademarks in related goods or services classes

  
  

For example, if your brand name is “GreenLeaf,” look for trademarks that sound or look similar, like “GreenLife” or “GreenLeafy.” Overlapping trademarks can lead to refusal or legal disputes.

You can perform a preliminary search yourself using the EUIPO’s eSearch tool. For more complex cases, consider hiring a trademark attorney who can provide a detailed clearance search and legal advice.

Choose the Correct Trademark Classes

The EUIPO uses the Nice Classification system, which divides goods and services into 45 classes. Your trademark application must specify the classes that cover your products or services.

Selecting too few classes might leave parts of your business unprotected. Choosing too many can increase costs unnecessarily.

For example, a company selling both cosmetics and clothing should apply in classes 3 (cosmetics) and 25 (clothing). If you only apply in one class, competitors could register similar marks in the other.

Review your current and planned business activities carefully to select the right classes. You can find class descriptions on the EUIPO website.

Prepare a Clear and Distinct Trademark

Your trademark should be distinctive and easy to recognize. Avoid generic or descriptive terms that only describe the product or service.

For instance, trying to trademark the word “Shoes” for footwear will likely be rejected because it is generic. Instead, create a unique name or logo that stands out.

Distinctiveness helps your trademark pass the EUIPO’s examination and strengthens your legal protection.

Gather All Required Documents and Information

Before filing, collect all necessary documents and details to complete your application smoothly. This includes:

• Applicant’s full name and address

• Clear representation of the trademark (image or text)

• List of goods and services with corresponding classes

• Priority documents if you claim priority from an earlier application

• Power of attorney if you use a representative

  
  

Having these ready reduces delays and errors during submission.

Decide Whether to Use a Representative

While individuals and companies can file directly, many choose to work with a trademark attorney or agent. Representatives understand the legal requirements and can handle complex issues.

If you are unfamiliar with trademark law or the EUIPO process, hiring a professional can improve your chances of success and avoid costly mistakes.

Understand the Costs and Fees

Filing a trademark application with the EUIPO involves fees based on the number of classes and type of trademark. The basic fee covers one class, with additional fees for each extra class.

For example, as of 2024, the fee for one class is €850, the second class adds €50, and each additional class adds €150.

Budgeting for these fees upfront helps you avoid surprises and plan your application strategy.

Plan Your Application Timing

Timing can affect your trademark rights. If you have filed a trademark in another country, you can claim priority within six months for your EUIPO application.

Also, consider your product launch or marketing plans. Filing too early or too late can impact your brand protection.

Submit Your Application Online

The EUIPO provides an online platform for submitting trademark applications. It is user-friendly and guides you through each step.

Double-check all information before submission. Mistakes or missing details can cause delays or refusals.

In order to register a trademark in the European Union, companies and citizens of countries outside the European Union must appoint a representative - European Trademark Attorney. Contact us and we will be happy to help you!