There are 3 main types of trademarks in the EU: a logo (a design mark), a wordmark, a combined mark and a few non-traditional types. Other types of trademarks are registrable as well such as collective marks, certification marks, 3D marks, color marks, etc.
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1. A logo example. No word elements. |
AUDI2. A wordmark example. A simple word in any font, without any design elements. |
3. A combined mark aka wordmark+logo |
Multi-class applications are possible, there is a fee per each additional class. At the same time, it is more cost-effective to file several classes in one application.
Before the trademark is registered, it will be published in the “EU Trademark Bulletin”.
The average processing time from application to registration is about seven months.
💶 Trademark Services Detailed Fees
As of March 23, 2016, a new fee structure will apply with a one-fee-per-class system. The official fee for filing a European Union Trademark is EUR 1,000 for the first class in paper and EUR 850 electronically. The fee for the second class is EUR 50 and the fee for the third class is EUR 150. The fee for all subsequent classes is EUR 150.
| Trademark services in the EU | |
|---|---|
| Service type | Price, USD |
| Filing, extra class | 279 (Gov. fee included) |
| Assignment/Trademark Transfer | 205 (Gov. fee included) |
| Responses to non-substantial objections | Free |
| Responses to substantial objections | 210-700 |
| Responding to Opposition | 550-800 |
| Filing an opposition | 700-800 |
| Invalidation Action | 1320 |
| Change of Address/Name | 150 |
| Change of Representative | 70 |
| Renewal, 1st class | 1145 |
| Renewal, extra class | 102 |
| Renewal (extra class after the second) | 204 |
| Amendment of goods/services | 100 |
| Deleting a class from an application | 100 |
| Contact the other party | 200 |
| Design Patent registration | 990 |
| Design Patent registration (additional design) | 359 |
No final fees are required. All the government fees are included in our listed prices.
EU Patent and Trademark Office
☑️ Read more about the Trademark Office of the EU
Those applicants, who do not have their office or residence within the European Union or European Economic Area, must be represented by a professional representative or a legal practitioner entered on the list kept by the Office. The application must be written in any official language of the European Union. Upon filing, the applicant must specify a second language, one of the five languages of EUIPO (English, French, Spanish, German, or Italian). This second language can be used as procedural language in case of limitation, opposition or nullification procedures.Name of Office: European Union Intellectual Property Office (EUIPO)
The EUIPO (European Union Intellectual Property Office) is responsible for registering and managing trademarks within the European Union. To trademark a brand or logo, an individual or company must submit a request to the EUIPO, including the desired trademark and a description of the goods or services it will be used for.
If the trademark meets certain criteria, such as being unique and not similar to existing trademarks, the EUIPO will register it and grant exclusive rights to use it within the EU. This means that no one else can use the same or a similar trademark for similar goods or services.
Trademarks are valid for a period of 10 years, after which they can be renewed indefinitely for additional 10 year periods.
The application process includes an examination on formal, absolute grounds and search for prior trademarks.
Address: Av. de Europa, 4, 03008 Alicante, Spain
Phone number: +34 965 13 91 00
EU Trademarks were introduced on 1 April 1996, in addition to the national and international registration. On 23 March 2016, Regulation (EU) 2015/2424 of the European Parliament and the Council amending the Community trademark regulation entered into force and contains a number of changes.
Member states of the EU are the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom. The UK will cease to be a member from 29 March 2019.
European Union Trademarks are also valid in the following overseas departments: Guadeloupe (GP), Martinique (MQ), French Guyana (GF), Saint Barthélemy (BL), Saint Martin (MF), Åland Islands (AX), Azores, Madeira, Réunion (RE), Ceuta and Melilla, Canary Islands and Gibraltar.
The Trademark Offices apply the current version of the Nice Classification; you can find acceptable goods and services in this link.
Bonamark will prepare and file your trademark for registration in the countries-members of the EU.
⚖️ EU Trademark Registration Requirements
Fill out our simple online form and a Trademark Specialist will contact you within 24 hours in order to guide you through the process.
Multiple-class applications are possible. However, additional fees are payable if an application is to cover more than one class.
With a registration at the EUIPO (trademarks, designs and patterns) in Alicante (Spain), the trademark will be protected in all member countries of the EU. A prior application or registration in the home country of the applicant is not required. In addition, the home country of the applicant does not have to be a member of the European Union either. Owners of national trademarks in the member states of the EU may file opposition against a trademark applied for as EU Trademark. Therefore, it is recommended to conduct a search in each member country before applying for a EU Trademark.
What is registrable as a trademark?
Registrable as a trademark is a sign capable to distinguish the goods and services of one organization from those of another.
Trademarks are words, logos, devices or other distinctive features and they can be represented in any appropriate form as long as the representation is precise, clear, self-contained, intelligible, easily accessible, objective and durable. They can consist of, for example, the shape of goods, colors or combinations of colors, their packaging, three-dimensional marks, sound marks, holograms, multimedia, etc.
The following trademark types are registrable: trademarks, service marks, certification and collective marks.
What will be required to file your brand in the EU?
- Type of the applicant: individual or a company.
- Complete name of the owner.Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
A power of attorney is not needed.
Trademark registration: Duration
A trademark registration is valid for 10 years from the application date and may be renewed for an indefinite amount of further periods each of 10 years.
Free Registered Trademark Search in the EU
Available online, you can request a free trademark search online on our website.
Were to check EU trademarks?
You can check the status and details of EU trademarks by searching the European Union Intellectual Property Office (EUIPO) database. The EUIPO database is publicly accessible and can be searched online for free. You can also check the status of a EU trademark application on the EUIPO website by searching for the application number.
To search for a EU trademark, you can visit the EUIPO website and use the search tool provided on the homepage. You can search by keyword, trademark number, or owner's name. The search results will show you the details of the trademark, including the goods and services it covers, the owner's information, and the status of the trademark (active, expired, cancelled, etc.).
Trademark Database, which contains registered and filed trademarks in the EU. It is updated on a regular basis and you can find a filed trademark 1-2 days after it is filed.
However, we recommend ordering a trademark study because this will let you check the probability of registration of your trademark in the countries-members of the EU, calculated by an experienced professional.
EU Trademark Cancellations
EU Trademark Non-Use Cancellation
In the European Union, a trademark registration can be cancelled if it has not been put to genuine use in the relevant territory for a continuous period of five years. This means that if the trademark owner has not used the trademark in connection with the goods or services for which it was registered, and there is no legitimate reason for non-use, the trademark registration may be cancelled by a third party upon request to the relevant trademark office.
The burden of proof is on the party seeking cancellation, who must demonstrate that the trademark has not been used for the entire five-year period. If the trademark owner can demonstrate that there was a legitimate reason for non-use, such as a legally imposed restriction, then the cancellation will not be granted.
It's important to note that the five-year use requirement applies to each individual class of goods or services for which the trademark is registered, so non-use in one class will not affect the validity of the registration in another class.
In summary, non-use trademark cancellations in the EU provide a mechanism for ensuring that trademarks are being used, and prevent trademark owners from passively holding onto registrations that are not being put to genuine use.
❓ EUIPO Trademark FAQ
❓Does a EU trademark have effect in Norway?
A EU trademark has no effect in Norway as Norway is not a member of the EU. In order to protect a trademark in Norway, you must register it in Norway. To register a trademark in Norway, an individual or company must submit an application to the Norwegian Industrial Property Office (NIPO). The application must include the desired trademark and a list of the goods or services it will be used for.
❓Do you have to register trademark in every country of the EU?
No, you do not have to register a trademark in every country within the European Union (EU) individually. A EU trademark (also known as an EU trade mark) registration grants legal protection for your trademark in all 27 EU member states. This means that once your trademark is registered with the European Union Intellectual Property Office (EUIPO), you have the exclusive right to use it throughout the EU.
❓Can an EU trademark be enforced in the US?
A EU trademark registration does not automatically grant legal protection in the United States (US). The US and the EU have different trademark registration systems, and a EU trademark registration only applies within the EU.
In order to enforce a trademark in the US, an individual or company must register it with the United States Patent and Trademark Office (USPTO). This involves submitting an application and paying a fee, and the USPTO will review the application to ensure that the trademark meets certain criteria, such as being unique and not similar to existing trademarks.
❓What is the difference between the Madrid protocol and an EU trademark application?
The Madrid Protocol and the EU trademark application are two different systems for registering and protecting trademarks.
The EU trademark application is a system for registering trademarks within the European Union (EU). When you apply for an EU trademark, you are requesting exclusive rights to use the trademark within the EU. The application process is managed by the European Union Intellectual Property Office (EUIPO) and it applies to all 27 EU member states.
On the other hand, the Madrid Protocol is an international system for registering trademarks. It allows individuals and companies to apply for trademark protection in multiple countries by filing a single application with their national or regional trademark office, such as EUIPO.
❓Does an EU trademark affect the US?
A EU trademark registration does not automatically grant legal protection in the United States (US). The US and the EU have different trademark registration systems, and a EU trademark registration only applies within the EU.
❓Can I use an EU trademark in the US?
You can use a EU trademark in the US, but you can use the ® sign and your trademark will have no protection in the EU apart from the protection due to the common law rights. In short, having an EU trademark will give no additional rights in the US. A US trademark must be registered.
It's important to note that an EU trademark registration can be used as a basis for a US trademark application (a Foreign Registration Basis).
❓Does registering trademark in the EU mean that it is protected everywhere in the EU?
Obtaining a EUIPO (an EU) trademark means that your mark is protected in all the countries of the EU. If any country joins the EU, your trademark will be automatically protected there. Currently, a EU trademark covers 27 countries of the European Union.
❓Can you register a figurative trademark in the EU if your US trademark is a wordmark?
The process in the EU is different from the process in the US. You can register a figurative mark in the EU even if your US trademark is a wordmark, however, there is one situation when it's not possible. When you claim priority according to the Paris Convention your subsequent trademark must be identical to the original one. In this case, you must file the same mark as you filed in the USA.
Trademark Renewals in the EUIPO
☑️ Read more about renewing a trademark
- A EUIPO trademark is renewable for a period of 10 years and valid from the filing date.
- A mark can be renewed for an indefinite amount of further periods each of 10 years.
- A mark can be renewed within 6 months before the expiration of the current trademark registration.
Trademark renewals in the European Union Intellectual Property Office (EUIPO) are the process of maintaining the legal protection of your trademark after it has been registered. To maintain the legal protection of your trademark, you must renew it before the expiration date.
💶 Trademark renewal fees for the European Union
The price is 1149$ for one class in the EUIPO (OHIM). The government fee of 850 EUR is included in the price. There is an extra fee per each additional class, which depends on the number of classes in your registration. Contact us for more details at [email protected]
Trademark renewal process (EUIPO)
Please contact us using the following form in order to request a trademark renewal. The process is rather simple, our attorney will become your representative and will pay the renewal fee. After this the mark is renewed. It is possible to renew a mark without changing the representative as well. In this case we will not be able to inform you of the upcoming deadlines.
How to renew in the EUIPO
Documents required: No additional documents are required in order to proceed with the service. The renewal process involves submitting a request to the EUIPO, along with the required fee. The EUIPO will then review the request to ensure that the trademark is still in use and that there have been no changes to the goods and services it covers.
It's important to note that the renewal process must be done before the expiration date, if not, the trademark will be considered as expired, and the holder will have a grace period of six months to renew it. If the grace period is missed, the trademark will be deemed as abandoned, meaning that the legal protection of the trademark will be lost and the trademark will be removed from the EUIPO's register.
How fast the process
The process takes approximately 2-3 days, and a Notification of entry in the Register is issued. A new Certificate of Registration will not be issued by the EUIPO.
What if the deadline is missed?
The mark can be renewed within a grace period of 6 months after the expiration date, an extra fee must be paid.
After the end of the grace period the mark expires without any options to restore it and a new mark must be filed. You can apply in this link: https://bonamark.com/countries/european-union
📅 Deadline Calculation (example)
- Filing date: 01.09.2019
- Registration date: 01.09.2021
- Expiration date: 01.09.2029
- The earliest date for filing a renewal: 01.03.2029
- Grace period starts and ends: 01.09.2029-01.03.2030
Please be informed that the dates are determined to the best of our knowledge and we take no responsibility if the calculations are incorrect. We recommend that you contact us with an actual case in order to determine the renewal date with the highest accuracy possible.