Basic questions
Find the answers to the most frequently asked questions about trade marks.
Why should I get a European Union trade mark (EUTM)?
The European Union trade mark system consists of one single registration procedure that provides owners with exclusive rights to their trade mark in the 27 Member States of the European Union.
You can find out more about what a trade mark is, why you should get one and how to apply here.
The Office recommends that you consult this checklist before filing an application for an EUTM.
What is the territorial scope of the EUTM?
The EUTM grants owners exclusive rights to that trade mark in the 27 Member States of the European Union.
The scope of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EUTM) extends to certain territories which have special relationships with EU Member States. The Office, together with the European Commission, sets out the situation under EU law for some of the relevant territories listed below.
Form part of EU territory [1] |
|---|
Åland Islands |
Martinique |
Guadeloupe |
Saint-Martin (FR) |
French Guiana |
Réunion |
Azores |
Madeira |
Ceuta and Melilla |
Canary Islands |
Mayotte |
Do not form part of EU territory [2] |
|---|
Northern part of Cyprus |
Faroes |
Greenland |
Saint Barthélemy |
New Caledonia |
French Polynesia |
French Southern and Antarctic Lands |
Wallis and Futuna |
Saint Pierre and Miquelon |
Aruba |
Bonaire |
Curaçao |
Saba |
Sint Eustatius |
Sint Maarten (NL) |
Please note – this list is only an indicative, non-binding list for information purposes and does not claim to be complete.
[1] See https://ec.europa.eu/regional_policy/en/policy/themes/outermost-regions/ and https://ec.europa.eu/taxation_customs/territorial-status-eu-countries-and-certain-territories_en, and https://publications.europa.eu/code/en/en-5000500.htm#fn-mf1.
[2] See https://ec.europa.eu/international-partnerships/where-we-work/overseas-countries-and-territories_enand https://ec.europa.eu/taxation_customs/territorial-status-eu-countries-and-certain-territories_enand https://publications.europa.eu/code/en/en-5000500.htm#fn-mf1, and in relation to Northern part of Cyprus https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12003T/PRO/10.
Does the EU trade mark prevail over national trade marks?
A national trade mark gives protection only in the Member State in which it has been registered, while an EUTM provides its owner with exclusive rights in all current and future EU Member States.
It is entirely up to applicants whether they want to obtain national, regional, EU-wide or international registration of their trade mark.
You can find further information about where to register your trade mark here.
Who can own an EU trade mark?
Any individual or organisation, including authorities established under public law, can be the proprietor of an EUTM.
Find out more about ownership here. You can also consult the Guidelines, PartB, Examination, Section2, Formalities, paragraph2.1
What is a product, good or service?
A product or good is any item that can be traded.
A service is the provision of activities in accordance with human needs.
Your application for an EU trade mark must contain a representation of the trade mark you want to register and a list of the goods and/or services to be covered by the mark (see Article31 EUTMR for all the conditions applications must comply with or consult the Guidelines, PartB, Examination, Section2, Formalities, paragraph5 for more details regarding the list of goods and services).
The EUIPO provides the following online tool to help you create your list of goods and services.
Can a trade mark be registered individually in each Member State if you don't need protection throughout the whole EU?
Yes, you can register your trade mark in each Member State individually according to your business needs. There are various levels at which trade marks can be registered – national, regional, EU-wide and international. Which level you choose depends on your strategy. You can find more information about where to register your trade mark here.
What is the difference between a design and a trade mark?
The essential functions performed by designs and trade marks are different.
- A design represents the appearance of a product.
- A trade mark distinguishes the origin of goods and/or services from those of competitors.
The EUIPO Academy provides intellectual property (IP) courses for all levels in the Learning Corner.
Can I use my trade mark before it's registered?
Yes, a trade mark can be used at any time, even before the application is filed. However, this use does not guarantee registration of the trade mark.
What does the ‘obligation to use a trade mark’ mean?
EU legislation on trade marks obliges the owner of a registered trade mark to use that mark in a genuine manner.
Further details on proof of use and genuine use can be found in the Guidelines, PartC, Opposition, Section7, Proof of Use, paragraph1.1, Function of proof of use.
Is my trade mark protected from the moment I file the application?
Yes, but providing that the EU trade mark is ultimately registered.
If the trade mark is not registered due to issues with the application or an opposition, your trade mark will not have been protected at any point. You can read more about the path from application to registration here.
Additionally, an EUTM application may be transferred, subject to rights in rem, levied in execution, involved in insolvency proceedings and licensed, among other possibilities. All changes in the Register can be found in the Guidelines, PartE, Register Operations.
Do I have to use ® or TM to show that my EU trade mark is registered?
No, there is no legal obligation to use these elements. However, the proprietor of the trade mark can choose to use them if they wish.
What do I have to do if I don't want to use the ® or TM element?
If you want to remove the ® or TM element on the representation of your trade mark but you have already filed the application, you will need to request an amendment/alteration of the EUTM. If the mark is already registered, there is a fee of €200 for this amendment.
How do I check the availability of my trade mark?
Checking the availability of your trade mark before you apply is important in order to minimise possible conflicts. You can search for registered trade marks using the Office's online tools, eSearch plus and TMview.
How do I track the status of my application?
The status of current applications can be tracked online through the User Area and/or eSearch plus.
EUIPO applications are published online on eSearch plus, a database that provides comprehensive information about trade marks, designs, owners, representatives and Bulletins.
You can find out more about the steps in the trade mark registration process here.
How long does it take to register a trade mark or design?
Information on the average timeline for proceedings can be found in the EUIPO Customer Service Charter. The Office produces quarterly reports tracking the performance of different indicators, including timeliness.
How long is an EU trade mark valid?
EU trade mark registration is valid for 10years and can be renewed indefinitely.
Find out more about how to manage your EU trade mark here.
What is copyright and where can I find more information about it?
Copyright is an exclusive and assignable legal right given to an author to print, publish, perform, film, or record literary, artistic, or musical material for a fixed number of years.
Copyright law varies from jurisdiction. For more information, please consult the Observatory's FAQs on copyright.
Where can I find reports and studies about EU intellectual property?
Reports and studies on intellectual property are available on the European Observatory on Infringements of Intellectual Property Rights.
What is the European Union Intellectual Property Network (EUIPN)?
The EUIPO works together with the EU intellectual property offices, international organisations and user groups to harmonise practices and tools within the European Union by working with the European Union Intellectual Property Network (EUIPN). You can find out more about its work here.
What is a top-level domain?
A domain name is an internet address usedto identify particular web pages. Every domain name has a suffix that indicates the top-level domain (TLD) to which it belongs. The TLD is the part of an internet domain name thatcan be found to the right of the final dot.
You can get more information about the .eu top-level domain and its variants in other scripts here.
Secure your European trade mark domain name before someone else does!
When a user files an EUTM application it is immediately made publicly available on eSearch plus in the interests of providing transparency and information to third parties.
However, there is the risk that once an EUTM application is publicly available on eSearch plus, a third-party files for registration of a domain name that is identical or confusingly similar to that trade mark in an attempt to gain some advantage, whether monetary, commercial, or some other kind.
If that happens, the EUTM applicant’s entitlements and rights may be put in jeopardy, because third-parties acting in bad faith tend to:
• overcharging prices related to the reassignment of the domain name to its rightful owner;
• attempt to block the trade mark owner from using the registered domain name;
• disrupt a competitor’s business by registering the domain name;
• attempt to attract users to its web site for commercial gain by creating and exploiting confusion between the domain name and the trade mark.
This unauthorised registration and bad faith use of domain names that are identical or confusingly similar to trade marks is known as ‘cybersquatting’. This can damage a trade mark applicant’s interests and can allow the cybersquatter to profit from the applicant’s goodwill. This damage can go beyond just preventing them from using the domain name for their own business; in some cases, it can even involve redirecting users (landing on the domain name registered by the cybersquatter) – in the worst case – to obscene websites, phishing sites and even competitors’ sites, thereby potentially tarnishing the reputation of the original EUTM applicant in the market.
Therefore, to avoid cybersquatting, we recommend you to register the domain name(s) you are interested in either before filing an EUTM application or immediately after.
