European Union Trademark Registration (EUTM): Registering a Trademark in Europe

Author: Petro Kaloterakis, Progressive Legal

Growing your business abroad is definitely a big move, and it is very important that you keep your brand safe in the foreign market. In case you are willing to make your trade mark safe in Europe, basically, you can choose between two ways to get protection. The first option is to file a single application with the European Union Intellectual Property Office using a European trade mark representative, while the second is to submit an application through the Madrid Protocol, which is an international system providing the opportunity for trade mark owners to register their marks in different countries by a single application.

What is European Union Trademark Registration (EUTM)?

An EUTM registration gives a business the ability to protect its brand through a single trade mark application in all the countries that are members of the European Union. In fact, a trade mark registered with EUTM becomes your trade mark everywhere in the EU and thus, your business enjoys extensive and consistent brand protection under one integrated system. Generally, the method is cheaper and more efficient than filing for trade mark protection in each European country separately.

What are the benefits of European Union Trade Mark Registration?

There are many significant advantages that a European Union Trade Mark (EUTM) registration brings to a business that is looking for protection in Europe:

• A single EUTM application provides trade mark protection in all the European Union member states. This way, you get a wide and uniform coverage with just one filing.
• It is less expensive to register your trade mark through one system than to make separate national applications for different countries in Europe.
• Long-term management becomes simpler and more efficient due to one application, one register and one renewal process.
• By protecting your trade mark in the EU, your business becomes available to a market of over 450 million consumers, which in turn will increase your brand power all over Europe.

What countries are covered by EUTM?

How do I apply to EUTM?

Applying directly through an agent

You can apply directly in Europe through a European trademark agent. This method involves:

1. Selecting a trademark agent
2. File your application through the agent, who will handle all administrative aspects
3. The application undergoes an examination process to ensure it meets all requirements
4. If approved, the trademark is published and registered, providing protection across the EU.

Applying through the Madrid Protocol (WIPO)

The Madrid System allows you to extend your existing Australian trademark internationally. The process includes:

1. Having an existing trademark application or registration in Australia.
2. Filing an international application through IP Australia, designating the EU as a region for protection.
3. The World Intellectual Property Organization (WIPO) examines the application before forwarding it to the EU Intellectual Property Office (EUIPO).
4. The EUIPO conducts a thorough examination before granting protection.

Key things to consider for a successful European Union Trademark Registration

1. Conduct a trademark search to ensure your trademark is unique and not already registered in the EU.

2. Prepare your application by gathering all necessary documents, including a clear representation of your trademark.

3. Choose the right classes by classifying your goods/services accurately according to the Nice Classification system.

4. File the trademark application through a European trademark agent or via the Madrid Protocol.

5. Monitor the application by tracking its progress and responding to any objections or oppositions.

Key takeaways

Securing your trademark in Europe can significantly enhance your brand’s international presence. Whether you choose to file directly or through the Madrid Protocol, the key is to understand the process and ensure compliance with all requirements.

If you’re considering extending your trademark protection to Europe, get in touch with Progressive legal today. We can help you navigate the complexities and make the process as smooth as possible.

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