One EU trademark covers all 27 countries of the European Union as a single right. The EUIPO does not refuse an application because of an earlier trademark: the earlier owner has to oppose. This guide shows the steps, the timing, and the government fees.
one class, online; second class EUR 50, then EUR 150 each
Typical time
4 to 5 months
with no objection
Opposition period
3 months
from publication of the application
Lasts
10 years
from the filing date; renewable every 10 years
How filing works
Four Steps, From the Search to the Certificate
1
Search Earlier Trademarks First
A search before filing covers EU trademarks, national trademarks in the member states, and international registrations with effect there. Any one of them can be the basis of an opposition.
2
Our Experienced Attorneys File
Our experienced attorneys file your application online with the EUIPO. It names the owner, shows the trademark, and lists the goods and services by class.
3
Examination and Publication
The EUIPO checks the formalities and the absolute grounds, such as a trademark that only describes the goods. It then publishes the application, and the three-month opposition period starts.
4
Registration and Genuine Use
With no opposition, the EUIPO registers the trademark and publishes the registration. You then have five years to put the trademark to genuine use in the European Union.
What is different here
Six Facts About Filing in the European Union
No Refusal Over Earlier Trademarks
The EUIPO examines absolute grounds only. Earlier trademarks come in through opposition, and the EUIPO reports that 1 in 5 applications is opposed.
The EUIPO Alerts Earlier Owners
After publication, the EUIPO writes to the owners of earlier EU trademarks and applications named in its search report, unless they have opted out. They decide whether to oppose.
One Language Can Be Enough
A ground for refusal in only part of the European Union applies to the whole application. A word that names the product in one official language is an example.
Six Months of Priority
Priority means your EU application counts from the date of your first filing in a Paris Convention or World Trade Organization country. You claim it within six months of that filing, together with the EU application.
The List of Goods Can Only Narrow
After filing, you can remove goods and services but not add them. A further class needs a new application.
Use Within Five Years
You can file before you use the trademark. Once it has been registered for five years without genuine use in the European Union, anyone can ask the EUIPO to revoke it.
Timeline
What Happens, and When
The usual path, with no objection and no opposition.
Day 1
Filing
The application is filed online, and the filing date holds once the fee is paid within one month.
Weeks 1 to 3
Examination
The EUIPO checks formalities and absolute grounds and writes to you if it has an objection.
Weeks 3 to 4
Publication
The application is published in all official EU languages, and the three-month opposition period starts.
Months 4 to 5
Registration
With no opposition, the EUIPO registers the trademark and issues the certificate of registration.
Year 10
Renewal
Renewal is due in the six months before the tenth anniversary of the filing date, or in the six months after it with an additional fee.
What it costs
Government Fees at the EUIPO
Step
Government fee
Note
Application, one class
EUR 850
Filed online. A paper application is EUR 1,000.
Second class
EUR 50
Each further class
EUR 150
From the third class
Renewal, one class
EUR 850
Online. Second class EUR 50, each further class EUR 150. Late renewal adds 25%, up to EUR 1,500.
Opposition
EUR 320
Paid by the party that opposes
Record a new owner
No fee
The EUIPO records a transfer of ownership free of charge
Mostly. An EU trademark is obtained by registration, not by use, and the earlier filing date decides which trademark is the earlier one. Two limits apply: the owner of an unregistered trademark used in trade of more than local significance can oppose where the law that governs it allows, and a registration filed in bad faith can be declared invalid.
Two months. You can reply with arguments, amend the application, or withdraw it. You can ask for more time before the deadline ends, and a first request is generally granted for the same period.
Yes, when the earlier trademark has been registered for at least five years. Its owner must then prove genuine use in the five years before your filing or priority date, or proper reasons for non-use. Without that proof, the EUIPO rejects the opposition.
Yes, in the member states where the ground for refusal does not apply. You can ask to convert the EU application into national applications, which keep the EU filing date. The request is filed within three months of the final decision, the EUIPO fee is EUR 200, and each national office can ask for its own application fee.
