How to Register a Trademark in the EU: A Step-by-Step Guide

Registering a trademark in the European Union protects your brand and gives you exclusive rights across all member countries. The European Union Intellectual Property Office (EUIPO) handles this process, making it possible to secure your trademark with a single application. This guide walks you through the essential steps to register a trademark with the EUIPO, helping you avoid common pitfalls and understand what to expect.

Understanding the Importance of Trademark Registration

A trademark distinguishes your goods or services from others in the market. Registering it with the EUIPO grants you legal protection against unauthorized use, strengthens your brand identity, and can increase your business’s value. Without registration, your brand remains vulnerable to infringement and imitation.

Step 1: Prepare Your Trademark

Before applying, decide what you want to register. A trademark can be a word, logo, slogan, or a combination. Make sure your trademark is distinctive and not descriptive of your products or services.

• Choose a clear and unique name or design

• Avoid generic terms or common phrases

• Consider how your trademark will appear in different languages and cultures within the EU

  
  

Step 2: Conduct a Trademark Search

Searching existing trademarks helps avoid conflicts and refusals. The EUIPO offers a free online database called eSearch plus, where you can check if similar trademarks already exist.

• Search for identical or similar trademarks in your category

• Look for trademarks in related industries that could cause confusion

• If you find a similar trademark, consider modifying your design or name

  
  

Step 3: Identify the Appropriate Classes

Trademarks are registered under specific classes that describe the goods or services they cover. The EU follows the Nice Classification system, which divides products and services into 45 classes.

• List all goods and services your trademark will cover

• Choose the most relevant classes to avoid unnecessary fees

• Be precise but comprehensive to protect your brand fully

  
  

Step 4: File Your Application with EUIPO

You can submit your application online through the EUIPO website. The process is straightforward but requires careful attention to detail.

• Create an EUIPO user account

• Fill out the application form with your trademark details

• Upload a clear image of your trademark if it includes a logo or design

• Specify the classes and goods/services covered

• Pay the application fee (starting at €850 for one class)

  
  

EUIPO headquarters in Alicante, Spain

Step 5: Examination by EUIPO

After submission, EUIPO examines your application to ensure it meets legal requirements.

• They check if your trademark is distinctive and not descriptive

• They verify no conflicts with earlier trademarks exist

• If issues arise, EUIPO will issue an official communication requesting clarification or changes

  
  

Step 6: Publication and Opposition Period

If your application passes examination, EUIPO publishes it in the EU Trademark Bulletin. This starts a three-month opposition period.

• Third parties can oppose your trademark if they believe it infringes their rights

• If no opposition occurs, or if oppositions are resolved in your favor, your trademark proceeds to registration

• If opposition happens, you may need legal advice to respond effectively

  
  

Step 7: Registration and Renewal

Once registered, your trademark is valid for 10 years across all EU member states. You can renew it indefinitely by paying renewal fees every 10 years.

• Keep track of renewal deadlines to maintain protection

• Use your trademark actively to avoid cancellation for non-use

• Monitor the market for potential infringements and enforce your rights if necessary

  
  

Tips for a Successful Trademark Registration

• Be thorough in your search to avoid costly refusals

• Choose the right classes to cover all relevant products or services

• Keep your contact information updated with EUIPO for smooth communication

• Consider professional help if your trademark is complex or if you face opposition

While you can file your own trademark application, the best practice is to hire an attorney. We offer much more value than just filing the application.