EU trade marks (EUTMs)

The following IP practice note provides comprehensive and up to date legal information covering:

  • EU trade marks (EUTMs)
  • What is an EU trade mark and why register one?
  • Legislation and scope
  • Preliminary searches
  • Filing an application
  • Who can file?
  • Filing date
  • Minimum requirements
  • Fees and forms
  • Fast Track application procedure
  • More...

EU trade marks (EUTMs)

What is an EU trade mark and why register one?

An EU trade mark (EUTM) registration is a single trade mark covering all EU Member States.

An EUTM is obtained by means of a single trade mark application filed at the EU Intellectual Property Office (EUIPO), located in Alicante, Spain.

Obtaining an EUTM is cheaper than registering national trade marks in more than three Member States. For information about fees, see: EUIPO Fees.

An EUTM can form the basis of an international registration and an international registration can form the basis of an EUTM application. For more information, see Practice Note: Madrid international trade mark system.

EUTMs are registered for a period of ten years from the date of filing the application and can be renewed indefinitely for subsequent ten-year periods.

An EUTM allows for an EU-wide application for action to be lodged with the customs authorities, which enables them to seize and detain infringing goods, and for pan-European injunctions against infringement to be obtained. For more information, see Practice Notes: IP enforcement and the EU customs regime and Court jurisdiction and intellectual property.

Its unitary character means that an EUTM is infringed by anyone performing a prohibited act anywhere in the EU.

Where an EUTM is found to have been infringed, the usual rule is that a prohibitive injunction should be EU-wide unless the court finds that the

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