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

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

If your US launch is next, or you already have US use, file the US mark now. If you need EU-wide coverage 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 US and EU trademarks?

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

• US 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 US 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. US oppositions run 30 days from publication, with extensions available. EU oppositions run three months from publication. Timing matters when you stagger filings.

What does each one cost?

The official 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.

Attorney fees are on top in both. Our all-in prices for a US filing and an EU 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 market that creates your biggest near-term exposure. In the US, an unregistered user can have earlier rights. In the EU, you can file first without use, but you face opposition from owners of earlier EU or national rights anywhere in the Union.

• If a US launch is imminent, file US 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 US user or a faster filer boxes you out. See Statement of Use (SOU): What It Is, When to File, and How to Avoid Abandonment.
• If EU-wide protection is urgent, 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. US launch next quarter, or earlier US use exists

• File US 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. US common-law users can block later federal filings. An early US filing also makes Amazon, app stores, and payment platforms easier to onboard.

1. EU-wide go-to-market first, US later

• File the EUTM now, then file US within six months and claim priority if the branding carries over. If you expect heavy EU opposition risk, prepare a fallback plan of national filings in the key markets.
• 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 EU, consider adjusting the mark, or file US first if you have use, where acquired distinctiveness may be easier to show with evidence.

1. Budget is tight, but both markets 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 all-in figures 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 mark 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 jurisdiction, then file in the other within six months and claim priority to carry over the first filing date.

• US first, then EU. File a US application on use or ITU. Within six months, file an EUTM that claims the US filing as the priority basis. Your EUTM is treated as filed on the US date for priority purposes.
• EU first, then US. File the EUTM. Within six months, file a US application under Section 44(d) claiming Paris priority to the EUTM. If you are not yet using the mark in the US, 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 US if you plan a use-based filing. For the EU, 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?

US oppositions must be filed within 30 days of publication in the Official Gazette, with extensions available by request or consent. EU oppositions 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 EU or national right.

• Plan for opposition in the EU. Build a budget and timeline buffer. The EUIPO opposition fee alone is EUR 320, before either side's attorney costs.
• Expect earlier pushback in the US. 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?

• US 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.
• EU filings. No use is required to file or register. After registration, plan to put the mark to genuine use within five years, and keep records to defend against non-use attacks.

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

A real-world pattern we see at GTC

A consumer wellness brand came to us two weeks before a national US retailer launch. The name cleared well in the EU. In the US, we found an unregistered regional user in a related class who had been on Etsy for 18 months. We filed a US 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 EU went live a quarter later. The lesson is simple. In the US, quiet users exist. Do the clearance, and if you are launching soon, file US first or in parallel under Paris priority.

What should you do next?

• Get a professional search and a written filing plan. Our international trademark service runs both filings from one plan and manages the timing across the six-month window.
• If you know your order already, we can file your US application or your EU application this week and set the priority calendar for the second filing.

GTC is an attorney-led firm founded in 2016 with 11 in-house lawyers and 5 offices. We file trademarks across 107 jurisdictions. When timing and priority matter, our team coordinates filings and defends them through examination, opposition, and use challenges. More common questions are in our FAQ.

Related reading

• Madrid Protocol Strategy for Multi-Jurisdiction Trademark Filing
• EU Trademark Examination and Absolute Grounds for Refusal

Sources

• USPTO: Trademark fee information
• EUIPO: Fees and payments
• WIPO: Paris Convention for the Protection of Industrial Property