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The core of the European patent system lies in its two-tier structure: while the European Patent...
Table of Contents
- What is an EUTM (European Union Trademark)?
- The Process from Application to Registration
- Characteristics of EUIPO Examination
- Opposition Procedure
- Application Fees
- Types of Trademarks That Can Be Registered
- Term of Protection and Renewal
- Inactivity Cancellation System
- Seniority System
- Relationship Between the Madrid System and the EUTM
- Differences from the Japanese Trademark System
- Latest Developments in 2025–2026
Key Points of This Article: The EUTM (European Union Trademark) is a system that allows trademark protection across all 27 EU member states with a single application. The examination process differs significantly from that of the Japan Patent Office (JPO), with a key characteristic being that the EUIPO does not examine relative grounds for refusal (the existence of similar trademarks).
1. What is an EUTM (European Union Trade Mark)?
The EUTM (European Union Trade Mark) is a system that allows you to obtain trademark rights valid in all 27 EU member states by filing a single application with the European Union Intellectual Property Office (EUIPO).
27 countries
Protection with a single application
EUR 850
Application fee for one class
10 years
Term of protection (renewable)
Compared to filing separately in each country, the major benefits are streamlined procedures and cost savings. However, due to the “principle of unity”—where a refusal in even one country results in the rejection of the registration across the entire EU—it is crucial to carefully consider your application strategy.
2. Process from Application to Registration
1
Application Preparation and Search
Conduct a preliminary search for existing trademarks using the EUIPO’s eSearch plus and TMview databases. If you use pre-approved terms from the Harmonized Database (HDB) for designated goods and services, your application will be eligible for Fast Track processing.
2
Filing
File the application with EUIPO online (recommended) or in writing. Fees must be paid within one month of filing.
3
Examination of Formality and Absolute Grounds for Refusal
EUIPO examines only absolute grounds for refusal (lack of distinctiveness, descriptive marks, violation of public policy, etc.). If any issues are found, a notification will be issued, and you must respond within two months.
4
Publication and Opposition Period
After passing the examination, the trademark is published in the EU Trade Marks Bulletin. There is a three-month opposition period starting from the publication date.
5
Registration
If no oppositions are filed (or if any oppositions are rejected), the trademark will be officially registered. Under normal circumstances, the process from filing to registration takes approximately 4 to 6 months.
Fast Track: If the application uses only terms that have been pre-approved in the Harmonized Database (HDB), Fast Track processing is applied at no additional cost, significantly expediting the examination process.
3. Characteristics of EUIPO Examination
Key Point: The EUIPO examines only absolute grounds for refusal and does not examine relative grounds for refusal (conflict with similar prior trademarks). This is the biggest difference from the Japan Patent Office (JPO).
The absolute grounds for refusal examined by the EUIPO (Article 7 of the EUTMR) include the following.
| Grounds for Refusal | Content |
|---|---|
| Lack of Distinctiveness | Trademarks lacking the ability to distinguish goods from those of others |
| Descriptive trademarks | Words that directly describe the quality or characteristics of goods or services |
| Generic Terms | A general term used in common parlance |
| Contrary to public order and morals | A mark that violates public order and morals |
| Deceptive trademarks | A trademark that misleads consumers regarding the quality or origin of goods |
EUIPO prepares a search report and notifies the applicant of the existence of any similar prior trademarks; however, this is provided for informational purposes only, and a refusal based on the existence of similar trademarks will not be issued. If a prior rights holder wishes to protect their rights, they must file an opposition.
4. Opposition Procedure
| Item | Details |
|---|---|
| Opposition Period | 3 months from the publication date (non-extendable) |
| Filing Fee | EUR 320 |
| Cooling-off period | 2 months after the filing of the opposition (extendable up to a maximum of 24 months) |
| Request for proof of use | The applicant may request this if more than 5 years have passed since the registration of the prior trademark |
| Opposition | Appeal may be filed with the Board of Appeal (EUR 720) |
Key difference from Japan: EUTM oppositions are filed prior to registration (within 3 months of publication). In Japan, the system allows for filing oppositions after registration. In the EU, if an opposition is unsuccessful, the trademark is registered as is.
5. Application Fees
| Procedure | Online | Paper |
|---|---|---|
| Application (1 class) | EUR 850 | EUR 1,000 |
| Second class | EUR 50 | EUR 50 |
| Third category and beyond (each) | EUR 150 | EUR 150 |
| Collective and certification marks (per class) | EUR 1,500 | EUR 1,800 |
| Renewal (1 class) | EUR 850 | EUR 1,000 |
| Appeal | EUR 320 | EUR 320 |
Cost Benefits: Compared to filing individual applications in each of the 27 EU member states, the EUTM is significantly more cost-effective. For example, an application covering three classes costs just EUR 1,050 (approximately 170,000 yen) to cover all 27 countries.
6. Types of Trademarks That Can Be Registered
The EUIPO accepts applications for the following 10 types of trademarks:
Word Marks: Only letters and numbers in standard fonts
Figurative trademarks: Logos, designs, or combinations of text and graphics
Three-dimensional trademarks: Three-dimensional shapes (containers, packaging, etc.)
Position marks: Signs affixed to a specific location on a product
Pattern trademarks: A collection of regularly repeating elements
Color Trademarks: A single color or combination of colors (without outlines)
Sound Marks: Audio files (MP3, max. 2 MB)
Motion Trademarks: Movement or positional changes of elements (MP4)
Multimedia trademark: A combination of video and audio (MP4)
Hologram trademarks: Elements with holographic properties
Note: Japanese, Chinese, and Korean characters are classified as figurative trademarks rather than word trademarks by EUIPO. Japanese companies registering trademarks containing Kanji or Katakana in the EU should take this into account.
7. Term of Protection and Renewal
| Item | Content |
|---|---|
| Term of Protection | 10 years from the filing date |
| Renewal | Renewable indefinitely every 10 years |
| Renewal Application Period | From 6 months prior to expiration until the expiration date |
| Grace period | Within 6 months after expiration (25% surcharge, up to EUR 1,500) |
Differences from Japan: The term of protection for an EUTM is calculated from the filing date, whereas Japanese trademark rights are calculated from the registration date. Additionally, the EU does not require proof of use at the time of renewal (the U.S. requires an affidavit of use even at the time of renewal).
8. Cancellation for Non-Use
An EUTM must commence “genuine use” within the EU within five years of registration. If the mark remains unused for five consecutive years, a third party may file a request for revocation.
Conditions for Revocation
The trademark must have been continuously unused for five years following registration. The fee for filing a revocation request is EUR 630. The burden of proof lies with the trademark owner, who must demonstrate use.
Scope of Use
Use in one or more EU member states may be sufficient, but it must be recognized as “genuine use within the EU” depending on the nature of the goods or services and the size of the market.
9. Seniority System
Seniority is a system unique to the EUTM, allowing the priority date of a national trademark registration in an EU member state to be carried over to the EUTM (Articles 39 and 40 of the EUTMR).
Requirements for Seniority
- The EUTM and the national trademark must have the same owner
- The trademarks must be identical
- The designated goods and services must be identical (or the EUTM’s designations must be included in the national registration)
- The national trademark must be valid at the time of the application
If seniority is claimed, even if the domestic registration is abandoned, the EUTM is deemed to have rights equivalent to those of the domestic registration in that country. However, since seniority is lost if the domestic registration becomes invalid or is revoked, it is recommended to maintain the domestic registration for at least five years after the EUTM registration.
10. Relationship Between the Madrid System and the EUTM
The EU is a member of the Madrid Protocol, and EUIPO functions as both a “Home Office” and a “Designated Office.”
International Applications Based on an EUTM
It is possible to file an international application (Madrid Protocol application) with WIPO based on an existing EUTM. The EUIPO handling fee is EUR 300.
Designating the EU under the Madrid Protocol
The EU can be selected as a designated country in an international application. The same examination and opposition procedures as for a direct EUTM application apply.
If the designation of the EU is refused, it is possible to switch to filing in individual EU member states (conversion).
11. Differences from the Japanese Trademark System
| Comparison Points | EUTM (EUIPO) | Japan (JPO) |
|---|---|---|
| Scope of Protection | 27 EU Member States | Japan only |
| Examination Scope | Absolute grounds for refusal only | Absolute and relative grounds for refusal |
| Opposition | Before registration (within 3 months after publication) | After registration (2 months) |
| Commencement of protection period | 10 years from the filing date | 10 years from the registration date |
| Cancellation for non-use | 5 years of non-use | 3 years of non-use |
| Japanese trademark | Treated as a figurative trademark | Treat as a word mark |
| Certification mark | Available since 2017 | Regional collective trademarks have a similar system |
12. Latest Trends for 2025–2026
Latest Developments at EUIPO
Design System Reform (May 2025–): The Community Design has been renamed the “European Union Design (EUD).” The introduction of digital-only applications and the expansion of protection to include motion, animation, and digital products have been implemented.
New System for Geographical Indications (December 2025–): EUIPO has acquired the authority to protect geographical indications for handicrafts and industrial products throughout the EU. Member states must register existing national GIs by December 2026.
SME Fund (Continuing in 2025): Financial assistance (voucher scheme) for trademark and design application fees continues to be provided to small and medium-sized enterprises (SMEs) within the EU.
Related Articles
What is a Madrid Protocol International Trademark Application?
Overview of the U.S. Trademark System
Explanation of the Chinese Trademark System
Overview of the South Korean Trademark System
Are you considering registering a trademark in the EU?
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