European Union Trade Mark Registration – Costs, Benefits and Risks

What is EU Trade Mark Registration and Why It Matters for Your Brand

The most financially efficient and convenient solution for protecting a brand across the European Union is EU trade mark registration.

The advantage of an EU trade mark lies in the fact that, with a single registration, protection is obtained in all 27 current European Union Member States. The registration is granted for 10 years and may be renewed for subsequent 10-year periods without limitation.

The official fees of the European Union Intellectual Property Office (EUIPO) for trade mark registration start from 850 EUR. However, the total cost depends on the number of classes of goods and services (according to the Nice Classification), as well as on the professional fees of the selected trade mark attorney.

Do You Need a Trade Mark Attorney for EU Trade Mark Registration?

If the applicant has a thorough understanding of trade mark registration and protection principles and is a resident of the European Union, it is possible to file the application independently.

However, if there is no full certainty regarding the uniqueness of the trade mark, its registrability, or the nuances of the goods and services specification, it is advisable to choose an experienced trade mark attorney to prepare and coordinate the application process until the registration certificate is obtained.

It must be taken into account that a trade mark is the foundation of brand security. After the application is filed, it can no longer be supplemented or materially amended. A correctly filed trade mark may protect a brand for decades, while an incorrectly filed application may create obstacles during registration and limit the ability to enforce rights in the future.

Currently, small and medium-sized enterprises and self-employed individuals may obtain EU SME Fund co-financing for trade mark analysis, protection strategy, and registration. Contact us for details about this opportunity!

Trade Mark Registration as the Foundation of Brand Protection and Business Value

In today’s business environment, a brand is one of the most valuable assets of a company, and its protection is essential for long-term stability.

Considering the critical importance of a brand for business security and value, the costs associated with trade mark registration are negligible compared to the benefits gained from timely and correct protection.

A registered trade mark enables the owner to prohibit others from copying and reproducing brand elements, as well as from registering and using similar trade marks.

Registration also forms the basis for the commercialisation of intellectual property, including licensing, franchising, contribution as an intangible asset, sale, or transfer.

What Legal Protection Does EU Trade Mark Registration Provide?

To effectively protect a brand, it is important to understand the scope of rights obtained through registration.

According to applicable legal frameworks, the trade mark owner may prohibit:

• the use of identical or confusingly similar trade marks on goods, packaging and in advertising, including online
• the offering, sale and distribution of goods or services under such trade marks, including storage for the purpose of placing them on the market
• the use of the protected trade mark in company names or other commercial designations
• the registration and use of domain names that are confusingly similar and related to similar goods or services
• the use of the protected trade mark in business documentation

If your brand is a value that must be protected, timely trade mark registration is the most effective step to ensure exclusivity and security in the market.

EUIPO Statistics and Market Reality – Why Trade Mark Protection Is Increasingly Critical

EU trade marks may be registered through the European Union Intellectual Property Office (EUIPO).

In 2024, approximately 200,000 trade mark applications were filed, and the total number of registered EU trade marks exceeds 2.5 million. On average, around 800 new applications are filed every working day.

In such a competitive environment, creating something new and distinctive is increasingly difficult. If you have achieved this, it is essential to protect your intellectual property properly and without delay.

Risks of EU Trade Mark Registration – What You Must Understand Before Filing

An EU trade mark provides protection across all 27 Member States with a single registration. It appears ideal. However, risks do exist.

At every stage of the trade mark lifecycle, different risk factors must be considered. In the case of EU trade marks, these risks are greater due to the multi-jurisdictional nature of protection.

These risks arise:

• during the application stage
• during the opposition period
• during the validity period of the trade mark

When registration is carried out strategically, these risks can be reduced or avoided.

1. Risks During the EU Trade Mark Application Stage (EUIPO Refusal Grounds)

At the application stage, there is a risk that EUIPO may refuse registration.

The most common reason is lack of distinctiveness. This occurs when the sign is not capable of distinguishing the goods or services of one undertaking from those of others.

This may happen when the sign consists of commonly used adjectives, descriptive indications, or references to quality, quantity, purpose, or origin.

For example, a sign that directly describes the product will not function as a trade mark.

EUIPO may also refuse registration if the trade mark:

• is contrary to public order or accepted principles of morality
• may mislead consumers regarding the nature, quality or geographical origin of goods or services
• contains protected symbols such as flags, coats of arms or other significant emblems

To avoid refusal, a trade mark analysis must be carried out before filing, including an assessment of meanings across EU languages.

A trade mark must meet the following principle:

“Any sign capable of distinguishing the goods or services of one undertaking from those of other undertakings may constitute a trade mark.”

If refusal is received, the grounds must be analysed. In practice, arguments can often be found to support full or partial registration.

2. Risks During the EU Trade Mark Opposition Period (Earlier Rights Conflicts)

Once EUIPO considers the trade mark registrable, a three-month opposition period begins.

During this period, holders of earlier rights may file opposition.

The likelihood of opposition is significant, especially if no proper prior rights search has been conducted. In recent years, opposition rates have reached approximately 13% of all EU trade mark applications.

Opposition may be based on:

• earlier EU trade marks
• international registrations designating the EU or Member States
• national trade marks of EU countries
• unregistered rights, where applicable
• well-known trade marks

To reduce the risk:

• conduct a proper prior rights search
• select a distinctive trade mark
• prepare a precise specification of goods and services

If opposition is received, consultation with a trade mark attorney is recommended. In practice, solutions may include coexistence agreements, legal arguments, or cancellation actions.

3. Risks After EU Trade Mark Registration (Enforcement and Use Requirements)

After registration, the responsibility shifts to the trade mark owner.

The owner must ensure that no third parties use identical or confusingly similar trade marks.

Monitoring may be carried out internally or outsourced.

Failure to use the trade mark or improper use may lead to loss of rights.

The trade mark must be used within five years for the registered goods and services.

It must also be noted that a trade mark may be revoked or declared invalid after registration.

Proper Use of Trade Marks – Legal Rules Every Business Must Follow

TRADE MARKS MUST BE USED AS THEY ARE REGISTERED,
AND MUST BE REGISTERED AS THEY ARE USED OR INTENDED TO BE USED.

To avoid improper use, every company that owns a trade mark and is involved in brand communication or publication must follow certain rules:

• A trade mark must not be used as the product name or as a substitute for it. The product name must be used alongside the trade mark. This informs the public that the name used is a trade mark designating a specific product. For example, “Pampers diapers”, not simply “Pampers”.
• A trade mark must always be used as an adjective, not as a noun.
  • If the brand name is Costa Coffee, then the correct use would be:
  • – Bring me a black coffee from Costa Coffee.
  • Incorrect:
  • – Bring me a black Costa Coffee.
• In written materials, it is recommended to highlight the trade mark, for example by using italics, uppercase letters, or quotation marks.
• A trade mark may be identified with trade mark symbols. A registered trade mark is typically indicated by “R” or ®, while an unregistered trade mark may be indicated by “TM”.

Conclusions – How to Avoid EU Trade Mark Risks and Protect Brand Value

• Choose trade marks that are inherently registrable, distinctive and compliant with legal requirements
• Conduct a proper prior rights search in all relevant territories
• Prepare an accurate specification of goods and services
• Register the trade mark only for goods and services that are used or intended to be used within five years
• Use trade marks correctly and consistently

A trade mark is a fundamental element of a brand. Its security directly affects the security of investments and the value of the business.

If you require trade mark registration, contact us and we will send you a tailored proposal by email.