The European Union trade mark: application, scope and protection

An EU trade mark offers you numerous advantages:

• Uniform protection: One application, one protection for all EU member states.
• Cost efficiency: You save the cost and effort of multiple national applications.
• Flexibility: trademark protection automatically extends to new EU countries that join the Union.

Wondering whether your company could benefit from this? Especially for start-ups and young companies that want to expand internationally, registering a European Union trade mark is a strategic decision.

The EU trade mark application is filed with the European Trade Mark Office (EUIPO). Here are the steps in detail:

• Trade mark search: Before you can apply for an EU trade mark, you should make sure that no identical or similar trade marks are registered in the European Trade Mark Register. The EUIPO trademark search helps you to avoid conflicts.
• Submit the application: Your EUIPO trade mark application is filed online via the platform of the European Trade Mark Office.
• Examination by the EUIPO: The European Trade Mark Office examines whether your application meets the legal requirements.
• Publication: After successful examination, your trademark is published in the European trademark register.
• Registration: If there are no objections, your trademark will be registered and you will receive trademark protection.

The EU trademark costs depend on the number of classes of goods and services you wish to protect:

• Basic fee: € 850 for the first class.
• Additional fee: €50 for the second class, €150 for each additional class.

The EU trademark fees cover protection for a period of 10 years and can be extended thereafter.

The EU trade mark is valid in all 27 EU member states. This includes countries such as Germany, France, Italy, Spain and many more. Would you also like to protect your trademark outside Europe? Then an international registration via the Madrid system could be of interest to you.

A thorough trademark search is crucial to ensure that your trademark does not infringe any third-party rights. Here are the most important steps and tools:

• DPMA trademark search: Use the database of the German Patent and Trademark Office (DPMA) to check existing trademarks in Germany.
• EUIPO trade mark search: You can use the platform of the European Trade Mark Office to find registered trade marks throughout the EU. This is particularly important when applying for a European Union trademark.
• International trademark search: For protection outside Europe, we recommend using the WIPO database, which includes worldwide entries.
• Online trademark search: Platforms such as TMview offer you a central point of contact for a Europe-wide trademark search.

Patent office trademark search: A search at the respective national patent and trademark office is essential to ensure that your trademark is unique.

1. How long does it take to apply for an EU trademark? The duration of the application depends on the examination time of the European Trade Mark Office. As a rule, it takes 4 to 6 months for your trademark to be registered.
2. Can I subsequently extend the EU trade mark? It is not possible to extend it to other countries outside the EU. You need an international registration for this.
3. What are the advantages of the EU trade mark compared to national trade marks? With the EU trade mark, you cover all EU member states with just one application. This saves time and money and offers uniform protection throughout Europe.