US vs EU Trademark: Which Should Your Business File First?

You need a filing order. Here is the rule of thumb.

If your launch in the United States is next, or you already have use there, file the United States application now. If you need coverage across the European Union first, file the EUTM now. If you want both, file one and use the six-month Paris priority window to file the other without losing your date.

What are the big differences between a United States trademark and an EU trademark?

The United States is use-driven and recognizes unregistered, common-law rights from first use. The European Union is first-to-file and grants a single right across 27 countries without proof of use at filing. Those two facts drive sequencing.

• United States system and priority. Under the Lanham Act (15 U.S.C. §§ 1051 to 1127), you can file based on actual use or intent to use. Common-law rights arise from first use in commerce and can block later federal filings.
• Examination scope. The USPTO examines both absolute grounds and relative grounds, and can refuse an application on its own motion for likelihood of confusion with an earlier United States registration. The EUIPO examines only absolute grounds; earlier conflicts are raised by third parties through opposition, never by the Office.
• Coverage. An EU trademark is one application that covers all 27 Member States as a unitary right under Regulation (EU) 2017/1001.
• Use after registration. An EUTM that is not put to genuine use within five years of registration is open to revocation for non-use.
• Opposition windows. Oppositions in the United States run 30 days from publication, with extensions available. Oppositions in the European Union run three months from publication. Timing matters when you stagger filings.

What does each one cost?

The government fees are straightforward:

• USPTO: USD 350 per class for the single base application.
• EUIPO: EUR 850 for one class, EUR 50 for the second class, and EUR 150 for each further class.

Professional fees come on top in both. The Total for a United States filing and an EU trademark filing, and the saving when we file both from one plan, are on the pricing page. Class count drives the bill in both systems, so pin down the classes first; Class Assist does that in a few minutes.

How do these differences affect which one to file first?

Lead with the one that creates your biggest near-term exposure. In the United States, an unregistered user can have earlier rights. In the European Union, you can file first without use, but you face opposition from owners of earlier European Union or national rights anywhere in the Union.

• If a launch in the United States is imminent, file there first. An intent-to-use (ITU) filing secures your place in line while you finalize launch, then you submit a Statement of Use before registration issues. That cuts the chance that a quiet user in the United States or a faster filer boxes you out. See Statement of Use (SOU): What It Is, When to File, and How to Avoid Abandonment.
• If you need protection across the European Union first, file the EUTM first. You lock a single priority date across all 27 Member States, then manage any opposition. Because the EUIPO does not examine relative grounds, budget for serious clearance and possible opposition. For absolute-grounds pitfalls, see EU Trademark Examination and Absolute Grounds for Refusal.

A Practical Decision Framework You Can Apply Today

Here is the judgment we give founders and brand leads in the first call. Pick the scenario that looks like you.

1. United States launch next quarter, or earlier United States use exists

• File in the United States now on a use basis or ITU, depending on your evidence. Claim Paris priority for an EUTM within six months if Europe is on the roadmap.
• Why. Common-law users in the United States can block later federal filings. An early United States filing also makes Amazon, app stores, and payment platforms easier to onboard.

1. European Union go-to-market first, United States later

• File the EUTM now, then file in the United States within six months and claim priority if the branding carries over. If you expect heavy opposition risk at the EUIPO, prepare a fallback plan of national filings in the key countries.
• Why. The EUTM gives one filing that covers 27 countries. Because relative conflicts arrive through opposition, clearance is critical. Start with a free trademark check; we will tell you whether a full EUIPO and national-register search is warranted.

1. Crowded brand space or borderline distinctiveness

• Run deep clearance before spending on both filings. Read Trademark Searches: Beyond Google for the tools we use.
• If you are borderline descriptive in the European Union, consider adjusting the trademark, or file in the United States first if you have use, where acquired distinctiveness may be easier to show with evidence.

1. Budget is tight, but the United States and the European Union both matter

• File where revenue lands first, then use Paris priority to file the other within six months. Do not miss the six-month clock. That is how you preserve the earlier date without paying for both on day one.
• Fees are set by rule and change from time to time, so check the pricing page for the current Total before you budget.

1. Defensive play against squatters in Europe

• If your brand is press-worthy and you are pre-launch, an early EUTM deters filings by others while you get ready to use. Plan to use the trademark within five years, or the registration becomes vulnerable to a non-use revocation.

How do I coordinate both filings with Paris priority?

Use the Paris Convention six-month window. File in one, then file in the other within six months and claim priority to carry over the first filing date.

• United States first, then the European Union. File a United States application on use or ITU. Within six months, file an EUTM that claims the United States filing as the priority basis. Your EUTM is treated as filed on the United States date for priority purposes.
• European Union first, then the United States. File the EUTM. Within six months, file a United States application under Section 44(d) claiming Paris priority to the EUTM. If you are not yet using the trademark in the United States, add an ITU basis and submit your Statement of Use later.
• Practical tip. Calendar the six-month deadline on day one, and coordinate specimens and evidence for the United States if you plan a use-based filing. For the European Union, draft goods and services broadly enough to cover planned variants, but not so broad that you provoke avoidable oppositions.

This is the cleanest way to keep a single priority date across the Atlantic.

How do opposition windows change the timing risk?

Oppositions in the United States must be filed within 30 days of publication in the Official Gazette, with extensions available by request or consent. Oppositions in the European Union run for three months from publication. That means an EUTM can pass examination on absolute grounds, look safe, and then draw a broad, well-funded opposition from any earlier European Union or national right.

• Plan for opposition in the European Union. Build a budget and timeline buffer. The EUIPO opposition fee alone is EUR 320, before either side's professional fees.
• Expect earlier pushback in the United States. The USPTO often raises relative conflicts at examination, months before publication. That early signal can save money on brand pivots.

What about use requirements and evidence?

• United States filings. Use-based filings need dates of first use and a specimen that shows use in commerce. ITU filings do not need use to file, but you must prove use before registration by submitting a Statement of Use.
• European Union filings. No use is required to file or register. After registration, plan to put the trademark to genuine use within five years, and keep records to defend against non-use attacks.

For a refresher on unregistered rights in the United States and why they matter for clearance, see Common Law Trademark Rights vs Federal Registration.

A Pattern We See at GTC

A consumer wellness brand came to us two weeks before a national retailer launch in the United States. The name cleared well in the European Union. In the United States, we found an unregistered regional user in a related class who had been on Etsy for 18 months. We filed a United States ITU application that day, secured the filing date, negotiated a consent that carved out their channel, and then filed the EUTM within 60 days claiming priority. The retailer launch stayed on track, and the European Union went live a quarter later. The lesson is simple. In the United States, quiet users exist. Do the clearance, and if you are launching soon, file in the United States first or in parallel under Paris priority.

What should you do next?

• Get a professional search and a written filing plan. We run both filings from one plan and manage the timing across the six-month window. The pricing page covers both.
• If you know your order already, we can file your United States application or your EU trademark application and set the priority calendar for the second filing.

GTC is an attorney-led firm founded in 2016. Our experienced in-house attorneys file trademarks in the countries and regions where you trade. When timing and priority matter, they coordinate filings and defend them through examination, opposition, and use challenges. More common questions are in our FAQ.

Related reading

• WIPO's Madrid System (the Madrid Protocol): Strategy for Filing in Several Countries
• EU Trademark Examination and Absolute Grounds for Refusal