European Trademark

European Trademark Registration

We are a top filer of European trademarks in the EU. We offer intellectual property (IP) legal services in Europe including European trademark registrations and related trademark attorney services. As EU trademark agents and European trademark lawyers we offer an uncomplicated, personal, non-technical registration process. 

Our biggest advantages are the quick turn-around time and a high success rate. We also value frankness with clients, personal communication, clear pricing and low fees. At least this is what sets us apart on the European IP market. We have a clear pricing model, we always try to anticipate costs exactly. We hope that our clients will return to us with newer and newer branding ideas.

The trademark Registration process in SIX steps in THE EUROPEAN UNION

First, receipt of your mark / brand or logo followed by …

Finalizing the list of goods and services of the trademark

Following that, payment of the trademark application fee

Soon after, a trademark search (optional)

Trademark application at the EUIPO online

In case of a smooth application, registration of the trademark within four and a half months, receipt of the electronic Certificate of Registration from the EUIPO

The European trademark registration procedure in more detail

EU trademark registration
Photograph by: Guillaume Périgois 

Validity

Why is it called a European trademark? The European trademark will be valid in following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. In the UK: not anymore.

Candidate countries

As the EU has grown bigger, the validity of the European trademark (former: Community trade mark) has always followed the growth and has extended automatically to the new Member States. Accordingly, we have a reason to believe that the European trademarks will extend to new members of the European Union. The candidate countries are currently:

  • Montenegro
  • North-Macedonia
  • Serbia
  • Albania

These are countries that are already in the process of incorporating EU legislation into national law. We do not count on Turkey as a candidate country from a trademark law aspect.

Accelerated process

There is an urgent registration procedure at EUIPO, it is called fast track. With fast track, an application is registered within four and a half month in our experience. There are some prerequisites for this kind of accelerated process, for example the list of goods have to follow some stricter rules than normally. Also, pre-payment of the fees is required. We would be glad to walk you through the requirements and assist you with a fast track application. 

The normal process lasts around six months until registration of the European trademark

Trademark search

For branding, you can rely on your market knowledge and market search. This is very important. A trademark search is of course also important, but you should expect oppositions from your competitors with similar marks. If you are not familiar with the EU market, we can help you out and run some specific internet searches to learn about your competitors. As a result, at the day of application, you will know how risky an EU trademark application is. Ultimately it is your decision to take business risks. It is our task to clear you up about them. Obviously, if a mark is risky, you can wait until the end of the opposition period before investing in it heavily. In the EU, the chance that an opposition is filed, is much higher than the chance of a cancellation action later. 

EUROPEAN Trademark Fees – Clear & Fixed –

EU Trademark application IN ONE class OF GOODS / SERVICES

EUR 850

The sign can be a word or device mark, or a more special sign

We never charge for the registration of the trademark, nor does the EUIPO

This is the statutory fee what we pay as the EUIPO’s European trademark fee. Please ask for our fees

TRADEMARK APPLICATION IN EUROPE IN ADDITIONAL CLASS(ES)

EUR 50 (2nd class), EUR 150 (beyond 2)

This is the discounted official EUIPO fee for the application in two or more classes

We do not charge hidden fees, for example fees for forwarding the certificate of registration

The legal fees and representation before the office, are not included

RENEWAL OF A EUROPEAN TRADEMARK IN ONE CLASS OF GOODS / SERVICES

EUR 850

Our fee is not included but we never charge for receipt, checking or forwarding of the Certificate of Registration

The official European trademark renewal fee includes all foreseeable costs

Taking over EUIPO representation

– ask for a quote –

Available before or after application for a trademark at the EUIPO

As EUIPO representatives will get back to you soon and provide you with a competitive quote

EU PROFESSIONAL trademark search

– ask for a quote –

This extended search includes hits that may be confusingly similar in the EUIPO and WIPO registries

We gladly check if your mark has been registered by the EUIPO, with a free trademark search. This should only serve as a starting point since this does not include similar trademarks

Oppositions, CANCELLATIONS, refusals

– ask for a quote –

Defense of your brand and attacking your competitor’s trademarks

Or to overcome an ex officio refusal or letter of deficiency of the European Union Intellectual Property Office

EU Trade Mark – Frequently Asked Questions – FAQ

WHAT IS A EUROPEAN TRADE MARK (EU TM)?

The European Union trade mark system consists of granting the proprietor of the trade mark an exclusive right to a trade mark through a single registration procedure in the 28 Member States of the EU. The protection lasts for 10 years and is renewable.

DOES THE EU TRADEMARK HAVE PRIORITY OVER NATIONAL TRADEMARKS?

A national trade mark is protected only in the Member State where it is registered, whereas a European trade mark gives its owner exclusive rights in all present and future EU Member States. It is up to the applicant to decide whether to register his trademark at national, EU or international level. International trademarks are a mixture of national and regional trademarks.

WHO CAN BE AN APPLICANT OF A EUROPEAN TRADE MARK?

Any natural or legal person, including bodies governed by public law, may be the proprietor of European trade marks. The owner does not necessarily have to be from the EU, but for applicants outside the EU, an EU representative is mandatory.

HOW LONG IS A EUROPEAN TRADEMARK PROTECTED?

The protection lasts ten years and can be renewed again and again. We would gladly assist you in the renewal of your trademark. If you want to renew an EU trademark, you should consult us in due course. It only makes sense to renew a trademark if there is a commercial purpose of it. The renewal process is fairly simple and cheap, however, close attention must be paid to the deadlines and formalities.

MUST THE UNION TRADE MARK BEAR THE SYMBOL ® OR “TM” TO INDICATE THAT IT IS REGISTERED??

No, there is no legal basis making such use compulsory. The owner of a trademark is nevertheless free to use these symbols, but only after registration, not immediately after the application. You can however, apply for the mark including these symbols.

HOW CAN I CHECK IF A TRADE MARK IS AVAILABLE IN THE EU?

In order to avoid possible conflicts, it is important to search for trademarks before applying for registration. Using the Office’s online tools, you can search for registered trademarks in two EUIPO databases: eSearch plus and TMview. There are also instructions on how to perform a search.

IS MY EU TRADEMARK PROTECTED ONCE I SUBMIT THE TRADEMARK APPLICATION?

Protection of a European trade mark is acquired by registration. However, an application for a European Union trade mark entitles the applicant to file opposition against trade mark applications filed subsequently which are identical or similar to his trade mark and relate to identical or similar goods and/or services. In addition, a trademark application may, inter alia, be the subject of a transfer and licences. You may also claim the priority of the trademark application, subject to conditions.

WILL MY BRAND BE AUTOMATICALLY REGISTERED IN THE UK?

No. The European trademark system does not include the UK anymore, but we can assist you in obtaining trade mark protection in the United Kingdom.

WHAT IS A CTM?

CTM stands for Community trade mark and has been replaced by the term European trade mark.