Trademark in Europe: Best Guide on How to Register and Protect it

Did you know that over 175,698 trademarks are registered in Europe annually? That’s right! This underscores the importance of securing your trademark in Europe to protect your brand and gain a competitive edge.

In this comprehensive guide, we will walk you through the trademark registration process and highlight its key benefits and costs. Whether you are a small start-up or a large enterprise, understanding how to obtain a trademark in Europe is essential to safeguard your business identity.

Key Takeaways

• Registering an EU trademark grants exclusive rights across all 27 EU member states. This simplifies the protection process and makes it cost-effective for businesses of all sizes.
  
• The registration process involves submitting an application to the European Union Intellectual Property Office (EUIPO), undergoing classification & formalities examination, and a three-month opposition period before final approval.
  
• EU trademarks must be actively used within five years of registration and can be renewed indefinitely every ten years to maintain protection. However, failure to use the trademark can lead to revocation.

Understanding Trademarks in Europe

A trademark is a distinctive sign that identifies and differentiates a business’s products or services. This can include names, words, sounds, slogans, and logos. Simply put, trademarks encapsulate a brand’s essence and can become significant assets.

Registering a trademark grants you exclusive rights and protects your brand identity, preventing others from using similar signs. In Europe, trademarks can be registered at both national and EU levels, offering broad protection across various jurisdictions. 

The EU trademark system simplifies brand protection in all 27 EU countries through a single application, making it cost-effective for businesses of all sizes to safeguard their intellectual property. In 2024, the European Union Trade Mark (EUTM), initially known as the Community Trade Mark (CTM), also celebrates its 30th anniversary. 

Know more about: How to Register a Trademark Worldwide

How TramaTM Can Help with Registration of Trademarks in Europe?

TramaTM is a professional intellectual property service provider specializing in trademark registration and protection. They offer comprehensive solutions, and their services cover both EU and international trademarks, providing global monitoring and enforcement against infringements.

The EU trademark registration process with TramaTM is straightforward and efficient:

Step 1: Free Lawyer’s Check: Submit your mark for a free lawyer’s check. TramaTM’s lawyers will evaluate registrability, identify risks, and determine the appropriate classes for trademark registration.

Step 2: Order Form and Payment: Fill out the order form with your billing details. Complete the payment via credit/debit card or bank transfer. Once the order is placed, you will receive an email confirmation.

Step 3: Application Review and Approval: TramaTM’s lawyers will prepare your application draft within about four business days. You will receive a Power of Attorney to review and approve.

Step 4: Application Filing: Upon approval, TramaTM will file the application on your behalf, and you will receive a confirmation email.

Step 5: EUIPO Examination: The EUIPO will assess your application, publish it for potential oppositions, and upon approval, register your trademark.

Following successful registration, the EUIPO will enter your trademark into the official register and issue a trademark certificate which is valid for 10 years.

End-to-End Brand Protection by TramaTM

Here are some of the additional services offered by TramaTM alongside trademark registration in Europe:

IP Legal Services (from €150): TramaTM offers free consultation to simplify trademark registration in your desired country. They provide responses to handle objections from IP offices or competitors. They also assist in maintaining, renewing, and transferring trademarks, making the process hassle-free. Finally, TramaTM combats brand infringement by addressing issues posed by copycats and new trademark applications, ensuring comprehensive protection for your brand.

Trademark Watch Services (€150 per year): TramaTM provides global coverage to monitor trademarks in specific regions or worldwide. They offer weekly monitoring reports to ensure timely responses to any opposition. Further, ongoing calibration ensures you receive only relevant notifications. Lastly, TramaTM provides full legal support for handling any infringements, ensuring complete protection for your trademark.

EU Trademark Registration Process

Registering an EU trademark involves a series of key steps, from submitting your application to receiving your registration certificate. All individuals and companies can apply for an EU trademark, irrespective of their nationality or place of residence. This provision enables a wide variety of applicants to safeguard their trademarks within the EU. Plus, this inclusivity guarantees that global businesses can safeguard their brand within the European Union. 

Located in Alicante, Spain, the EUIPO is the main authority tasked with processing trademark applications. You can submit applications directly online to the European Union Intellectual Property Office (EUIPO) or seek help from an intellectual property professional. The application process necessitates the provision of required information and the remittance of a basic fee.

Filing an Application

Registering a trademark in the EU necessitates filing an application with the European Union Intellectual Property Office (EUIPO). You can accomplish this either directly online or through a paper submission. 

• The base fee for an online application is €850 for one class.
• For second class, additional €50 and €150 for the third and each additional class.
• Paper applications come with a €1,000 cost. Additional class costs include €50 for the second class and €150 for the third (other additional class).

Opting for the online method is recommended, given its convenience and reduced cost. Keep in mind that the EU follows a ‘first-to-file’ principle, whereby the rights to the trademark are granted to the initial applicant.

When submitting your application, ensure all required information is correct and the necessary fees are paid. Further, the application process has been streamlined for ease of use, and there’s no longer a need for a power of attorney at the EUIPO.

Examination and Publication

Once the application has been filed, the EUIPO carries out a detailed examination to: 

• Verify classification and formalities and absolute grounds.
• It also manages translation and publication. 
• The office further conducts a search for identical or similar marks to ascertain there are no conflicting registrations. 

Once all formal requirements are met, the application is published in the EU Trademark Bulletin, marking the next step in the process.

The EU Trademark Bulletin’s publication signifies the beginning of the opposition period. If a search for similar trademarks was requested by the applicant, the results are shared with them prior to publication. This provision enables the applicant to get early awareness of any potential conflicts.

Provided there are no objections or oppositions, trademark registration approval usually takes about six months. This timeframe may vary depending on the specific circumstances of the application.

Opposition Period

Following the application’s publication in the EU Trademark Bulletin, a 3-month opposition period commences. In this period, third parties who have earlier rights can raise objections against the trademark’s registration. This period is vital to ensure the new trademark does not violate any existing rights.

In anticipation of potential opposition, it is recommended that you conduct a comprehensive search in the trademark database or utilize a free lawyer’s check. 

If no oppositions are lodged within this period, the trademark gets registered, and the registration is published. This final step solidifies your rights as the trademark owner, granting you exclusive use of the mark across the EU.

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Maintaining Your EU Trademark

Maintaining the validity of your EU trademark is crucial as it remains valid only for 10 years from registration and needs to be renewed indefinitely every 10 years. To keep your trademark active, it must be used in the marketplace, kept current, and renewed on time.

Failure to use the trademark for five consecutive years can lead to revocation due to non-use. However, if the EU trademark registration is lost, it can be transformed into separate national applications, preserving the original priority date. This flexibility ensures continuous protection of your brand.

Use Requirements: To avoid cancellation due to non-use, the EU trademark must be used within five years from the date of registration. This usage must take place in the marketplace, either through commerce or transactions in any EU member state. The consequence of not using a registered EU trademark is the loss of rights to the mark.

Renewal Process: The renewal process for an EU trademark is straightforward; here are the steps to follow:

• Submit an application for renewal six months before the expiration date. This allows ample time to complete the process without any rush.

• The EUIPO will also inform you six months before your trademark expires, reminding you of the upcoming renewal.

• If you miss the deadline, there is an additional six-month grace period, but this incurs an extra 25% of the renewal fee.

The cost of renewing your trademark online is €850 for one class, with additional charges for subsequent classes. If you decide not to renew, your trademark will expire automatically, and you will lose the exclusive right to use it.

Read: EEA Regulations: Implement Google Consent Mode v2 on Your Website

Claiming Seniority

By claiming seniority, EU trademark holders can retain the rights from their earlier national or BENELUX registration for their EU trademark. This implies that you can claim the original filing date and extend the duration of your trademark rights if you hold a national trademark that predates your EU trademark. 

To claim seniority, the trademark, trademark owner, and goods or services covered must be identical in both the national registration and the EU trademark. The financial advantage of claiming seniority is the savings on renewal fees that would have been incurred for maintaining previous national registrations. 

Additionally, once seniority is claimed, the EU trademark retains the same rights in the member state as the earlier national mark, provided that the earlier mark is not invalidated or revoked before the EU trademark’s filing date. This strategic move can be beneficial in maintaining and consolidating your trademark rights across multiple jurisdictions.

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Monitoring and Protecting Your Trademark

Once your trademark is registered, monitoring and safeguarding it is vital to ensure its ongoing validity and exclusivity.

Infringement Monitoring: By consistently monitoring your trademark rights, you can ensure they are not being infringed in any EU country. For this, you can use automated trademark watch services and alert systems, which are highly effective for monitoring potential infringements across multiple EU countries. 

These services aid in the early detection of unauthorized trademark use, enabling prompt action to protect your brand.

Additionally, subscribing to trademark alert services provides real-time updates on new trademark applications similar to yours, ensuring you are always aware of potential conflicts. Furthermore, avoid paying for unsolicited invitations related to your EU trademark until the source is verified. 

Legal Action Against Infringements: If your trademark is used without your consent, you can exercise your intellectual property rights by initiating legal action against the infringing party. You can also send a cease and desist letter, which is often the initial step in resolving trademark disputes. 

If the infringing party does not comply, you may need to engage an IP professional to pursue legal action. Legal protection against counterfeiting and fraud plays a critical role in preserving the integrity of your trademark.

Alternative Dispute Resolution (ADR) can also be a cost-effective and faster alternative to court litigation in trademark infringement cases. By consulting an IP professional, you can oversee and safeguard your trademark applications and registrations across all 27 EU countries.

EU Trademark vs International Trademark

For businesses operating globally, understanding the differences between EU trademarks and international trademarks is essential.

Aspect	EU Trademark	International Trademark
Scope	It covers all 27 EU member states.	It covers multiple countries outside the EU through the Madrid System.
Application Process	It requires a single application through EUIPO.	It requires a single application through WIPO (Madrid Protocol).
Cost	It has a fixed fee structure.	The costs/fees vary depending on the number of countries designated.
Duration	10 years, renewable indefinitely	10 years, renewable indefinitely
Legal Protection	It offers uniform protection across the EU.	It varies by country, based on national laws.
Registration Time	Generally faster	May take longer, depending on the designated countries.

Furthermore, since 1 October 2004, businesses could file an international application based on an EU trademark (EUTM). This enabled broader trademark protection beyond the EU using forms provided by the EUIPO or WIPO. A handling fee of €300 was payable to the EUIPO, with additional charges to WIPO. For subsequent designations, forms like WIPO MM4 or EUIPO EM4 must be used.

From 1 February 2019, it was possible to request a division of the EU designation in an international registration. Additionally, in 2024, the EUIPO offers Trade Mark and Design Grants for SMEs, including expanding opportunities for Ukrainian SMEs. Thereby, enhancing trademark protection and support for small businesses across the region.

Further reading: HIPAA Compliance for eCommerce

Benefits of EU Trademarks

Registering a trademark in the EU brings numerous advantages, such as:

• Legal protection for your brand across all member states through a single application
• Simplified process and reduced costs compared to registering separate national trademarks
• Exclusive rights in all EU countries at a reasonable cost
• Ability to enforce your trademark in a market of almost 500 million consumers

A singular registration procedure in your chosen language provides protection in all EU countries for a decade and can be indefinitely renewed. This long-term protection ensures that your brand remains secure. Plus, it helps you defend against rival marks and maintain your competitive edge in the marketplace.

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Summary

Navigating the EU trademark registration and protection process can seem complex, but understanding each step ensures your brand is well-protected across the European Union. From the initial application to maintaining your trademark and monitoring for infringements, every stage is crucial for safeguarding your intellectual property. Additionally, businesses can secure their brand identity in a competitive market by claiming seniority. Lastly, for expert assistance, you can consider seeking help from TramaTM.

FAQs About Trademark in Europe