Can a US company file an EU trademark directly?

Yes, but a US company must appoint an EU representative — a legal practitioner qualified in an EEA member state — under Article 92 EUTMR. The representative handles all communications with EUIPO.

What is the difference between filing directly with EUIPO and using the Madrid Protocol?

Direct filing gives you a standalone EUTM. Madrid Protocol filing uses your home-country mark as a base and designates the EU as a target territory through WIPO. Direct filing offers Fast Track processing; Madrid offers multi-country convenience but carries central attack risk.

How do I claim priority for my EU trademark application?

You must have filed a trademark application in a Paris Convention or WTO member country within the preceding 6 months. Include the priority claim in your EUTM application and submit a certified copy of the earlier filing within 2 months.

Do I need a Power of Attorney to file an EUTM?

EUIPO does not require a formal Power of Attorney at the time of filing. However, proof of authorisation may be requested in disputes, and it is recommended for transactions such as assignments or licensing.

What languages can I file my EUTM application in?

You can file in any of the 24 official EU languages as your first language. You must also designate a second language from the five EUIPO languages: English, French, German, Italian, or Spanish.

How long does it take to register an EUTM from outside the EU?

The timeline is the same as for EU-based applicants: typically 4–6 months for an unopposed application filed directly with EUIPO. Madrid Protocol filings may take longer due to the additional WIPO processing step.

Filing an EU Trademark from Outside the EU: What Foreign Applicants Need to Know

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