TRADEMARK COUNTRIES

With 27 Member States, the European Union (EU) is the largest trading bloc, boasting a single market of 450 million consumers and significant global trade in both goods and services. Exporting to the EU is an exciting opportunity but also a legal minefield to navigate. The EU has strict laws around data privacy and product safety. In addition, all 27 Member States of the EU have additional laws and regulations traders must abide by. Protecting your brand with an EU Trade Mark (EUTM) is a crucial first step to building a strong foundation for long-term growth and success.

Why Register Your Trade Mark in the EU?

An European Union Trade Mark or short EUTM grants you:

• Exclusive rights to use your brand for your registered goods or services across the entire EU.
• The legal tools to stop copycats and counterfeiters anywhere in the EU.
• The ability to take action in courts within the EU to enforce your rights.
• Border protection by recording your trade mark with Customs of EU Member States to stop counterfeits at the EU border.
• The right to use the ® symbol within the EU, showing that your brand is officially protected.

In short, an EUTM is an important and valuable business assets.

How the Process Works

We guide you through every step of the EU trade mark process:

1. Search & Advice – We check if your brand can be registered and is clear to use in the EU.
2. Application Filing – We prepare and lodge your application with the European Intellectual Property Office (EUIPO).
3. Examination & Publication – We manage status updates, examiner reports, objections, and possible oppositions.
4. Registration – We provide you with the EUIPO trade mark registration certificate and advise you on proper trade mark use in the EU.
5. Renewal – We remind you when renewal is due each ten (10) years.
6. Ongoing Support – We serve as your local representative, ensuring you receive all official correspondence and English translation.

What You Should Know

• Use is important: While you don’t need to show use when filing, you must use your trade mark in commerce in the EU to keep it valid. After a 5-year grace period, other traders may apply for full or partial cancellation of your trade mark based on non-use.
• Formality examination only: While the EUIPO examines your trade mark application to ensure it is lawful and distinctive, the EUIPO does not check if your trade mark conflicts with existing EU or EU-Member State trade marks. Instead, it is up to the owners of existing trade marks to oppose registration of your trade mark.
• Monitoring required: Since the EUIPO does not refuse new trade mark applications based on a likelihood of confusion with existing trade marks, EUTM owners must actively monitor the EUIPO trade mark register and file oppositions to prevent registration of conflicting trade mark applications.
• Foreign applicants: If you are outside of the EU, you must appoint a representative in the EU to represent you before the EUIPO, manage your application and official correspondence.

Why Work With Us

We specialise in helping businesses protect their brands internationally, including in the EU. From the initial clearance searches to long-term brand strategy, we make the process clear, efficient, and strategic so you can focus on growing your business with confidence.