How to register a trade mark in the European Union

If you are an Australian business looking to protect your brand in Europe, an EU trade mark (EUTM) is the most efficient way to do it. A single application gives you exclusive rights across all 27 EU member states, covering a market of approximately 449 million consumers.

Your Australian trade mark does not protect you in the EU, and operating in European markets without checking the register risks costly infringement disputes. The EU trade mark system is managed by the European Union Intellectual Property Office (EUIPO) and has some important differences from Australia's system — particularly around examination and opposition.

This guide covers every stage of the process, from searching and filing through to examination, opposition, maintenance, and renewal.

Overview of the EU trade mark registration process

Registering a trade mark in the European Union involves the following stages:

1. Search — check the EUIPO database and national registers for conflicting marks
2. File — submit your application directly with the EUIPO or via the Madrid Protocol
3. Examination — the EUIPO examines your application on absolute grounds only
4. Publication — accepted marks are published in the EUIPO Bulletin
5. Opposition period — third parties have three months to oppose
6. Registration — if no opposition succeeds, your mark proceeds to registration
7. Renewal — every 10 years

The timeline varies depending on the EUIPO's backlog and whether any oppositions are filed.

Important: Some European countries are not EU members, including the United Kingdom, Norway, Liechtenstein, Iceland, and Switzerland. You will need separate protection in those countries. See our UK trade mark guide for the United Kingdom.

Trade mark search in the European Union

Before filing, searching for existing marks across the EU is essential. This is especially important because the EUIPO does not refuse applications on relative grounds — it only examines on absolute grounds. Instead, the owners of similar existing marks are notified and given the opportunity to oppose.

This means your application could pass examination but then face opposition from a prior rights holder in any of the 27 member states. A thorough search helps you identify these risks before you file.

How to search the EU trade mark register

The EUIPO offers eSearch plus, which covers EU trade marks and registered Community designs. You should also search:

• WIPO's global brand database — covers international registrations designating the EU
• National registers — trade marks registered at the national level in individual EU countries can also form the basis of an opposition. For comprehensive coverage, search the major national registers (Germany, France, Spain, Italy, etc.)

If you are filing in multiple countries, WIPO's database is particularly useful.

Tips for an effective EU trade mark search

• Search broadly — include synonyms, phonetic similarities, and variations across multiple EU languages
• Check national registers — an earlier national mark in any EU country can ground an opposition against your EU trade mark
• Consider translations — a mark that is distinctive in English may be descriptive in another EU language
• Search the UK register too — although the UK is no longer in the EU, many UK marks were cloned from EU registrations at Brexit, and similar marks may exist in both jurisdictions
• Keep records — document your findings to inform your application strategy

For a comprehensive search, consider getting help from Markster.

Filing requirements for an EU trade mark

You can file either directly with the EUIPO or through the Madrid Protocol using your Australian trade mark as a base.

What you need to file

• A clear representation of your trade mark
• A list of goods and services classified under the Nice Classification
• Owner details (name, address, nationality)
• Filing fees
• Proof of entitlement to register (if filing directly)

Filing via Madrid Protocol

The Madrid Protocol is often more cost-effective and efficient, especially if you are filing in multiple countries. You file through IP Australia, which forwards your application to WIPO, which then designates the EU.

Key considerations

• If you are filing within 6 months of your Australian application, you can claim the priority date
• The EUIPO accepts a broad range of mark types, including words, logos, shapes, colours, sounds, motion marks, and multimedia marks
• A single EU trade mark covers all 27 member states — but it can also be challenged across the entire EU

What if registration fails in part of the EU?

If your EU trade mark encounters problems in only part of the EU (e.g. an opposition based on a national mark in one country), you can convert it into national trade mark applications in the countries where no issues exist — and keep the priority date of your original application. This is an important safety net.

Examination process for EU trade marks

The EUIPO examines applications on absolute grounds only. This is a key difference from Australia, where examiners also check for conflicting marks (relative grounds).

What EUIPO examiners look for

• Distinctiveness — is your mark capable of distinguishing your goods or services?
• Descriptiveness — does the mark merely describe the goods or services, or a characteristic of them, in any of the official EU languages?
• Deceptiveness — could the mark mislead the public about the nature, quality, or geographical origin?
• Public order — is the mark contrary to public policy or morality?
• Prohibited signs — does the mark contain specially protected emblems (e.g. EU flags, official hallmarks)?

Why multi-language assessment matters

The EUIPO assesses distinctiveness and descriptiveness across all 24 official EU languages. A mark that is distinctive in English may be refused if it is descriptive or generic in French, German, Spanish, or any other official language. This is a significant difference from filing in single-language jurisdictions.

Common reasons for refusal

• Lacks distinctive character (in any official EU language)
• Descriptive of the goods or services
• Contains customary terms or established trade practices
• Is deceptive regarding the nature, quality, or geographical origin
• Contains protected geographical indications

Responding to an examination objection

If your application is refused, the EUIPO will provide reasons and you will have the opportunity to respond. You can submit arguments, evidence of acquired distinctiveness, or amend your specification.

For more on responding to examination reports generally, see our guide on how to overcome a trade mark examination report.

Opposition and cancellation in the European Union

Opposition

Once your mark is published by the EUIPO, third parties have three months to file an opposition. Because the EUIPO does not examine on relative grounds, opposition is the primary mechanism for owners of earlier rights to challenge new applications. This makes oppositions more common in the EU than in jurisdictions like Australia.

Oppositions are based on relative grounds, typically:

• Likelihood of confusion with an earlier EU or national trade mark
• Dilution or unfair advantage from a mark with a reputation
• Earlier rights such as copyright, design rights, or company names
• Well-known marks under the Paris Convention

Opposition fees at the EUIPO are EUR 320.

Cancellation

An interested party can apply to cancel an EU trade mark on grounds including:

• Non-use — the mark has not been genuinely used for a continuous five-year period in the EU
• Invalidity — the mark should not have been registered (absolute or relative grounds)
• Bad faith — the mark was registered in bad faith

Tips for avoiding disputes

• Conduct a thorough search of existing EU and national trade marks before filing
• Ensure your branding does not infringe on earlier rights in any EU member state
• Monitor the register for potentially conflicting new applications
• Engage a trade mark lawyer before filing to assess your risk
• Consider filing observations or oppositions against conflicting applications early

Contact Markster for expert help with EU trade mark oppositions and cancellations.

Using a lawyer or agent for an EU trade mark

When you need an EU-based representative

If you are filing directly with the EUIPO, you will need an EU-based representative (a qualified professional such as a trade mark attorney or lawyer practising in the EU or EEA) unless your business is domiciled in the EU or EEA.

If you are filing through the Madrid Protocol, a non-EU lawyer (like Markster) can handle the application on your behalf. You do not need EU-based representation unless issues arise during examination or opposition.

Why Australian businesses use trade mark lawyers

Most Australian businesses use Australian trade mark lawyers to handle international filings. Benefits include:

• A single point of contact for all your international filings
• Expert advice on whether to file directly or via Madrid
• Coordination of filings across multiple jurisdictions
• Knowledge of how the EU system differs from Australia's
• Access to a network of EU-based counsel for local matters

If EU-based representation is needed (e.g. for an opposition or cancellation proceeding), we can connect you with trusted European counsel.

Contact Markster to discuss your EU filing strategy.

Maintaining and renewing your EU trade mark

Maintaining your mark

Proof of use is not required for registration, but you must use the mark genuinely in the EU. If your mark goes unused for five continuous years from the date of registration, it becomes vulnerable to revocation for non-use.

Key maintenance tips:

• Use your trade mark actively in connection with registered goods and services in the EU
• Keep evidence of use — marketing materials, sales records, invoices, promotional activities
• Use is assessed EU-wide — use in one member state can be sufficient, but use in a significant part of the EU is stronger
• Monitor the market for infringements across member states

Renewal

EU trade marks must be renewed every 10 years. Key details:

• Renewal fees vary depending on the number of classes
• You can renew up to 6 months before the expiry date
• There is a 6-month grace period after expiry, but additional fees apply
• If you miss the grace period, your trade mark will be removed from the register

If your EU trade mark is based on a Madrid registration, renewal can be managed centrally through WIPO across all designated countries.

Common mistakes to avoid

• Missing the renewal window
• Not maintaining evidence of use across the EU
• Overlooking specific EUIPO procedural requirements
• Assuming use in one small market is sufficient (while it can be, broader use is safer)

For a detailed cost breakdown of renewal fees, see our guide on EU trade mark fees and costs.

Markster can manage your EU trade mark portfolio and renewal deadlines — get in touch.

Costs of registering a trade mark in the European Union

Government fees for an EU trade mark application start at EUR 850 for one class (online filing directly with the EUIPO), with reduced rates if filing via Madrid. Additional fees apply for extra classes, oppositions, and renewals.

For a full breakdown of government fees and professional costs, see our detailed guide on how much it costs to file an EU trade mark. You can also use our international filing fee calculator to get an instant estimate.

Filing an EU trade mark from Australia

If you are an Australian business looking to register in the EU, here are some practical tips:

• Use the Madrid Protocol — filing via Madrid through IP Australia is usually the most cost-effective route for Australian businesses. See our guide on filing directly or using WIPO
• Claim priority — if you file within 6 months of your Australian application, you can claim the earlier priority date
• Think about languages — your mark will be assessed across all 24 official EU languages. A mark that works in English may be problematic in another language
• Budget for potential opposition — because the EUIPO does not examine on relative grounds, opposition from prior rights holders is more common than in Australia
• Consider the UK separately — since Brexit, the UK is not covered by an EU trade mark. If you need UK protection, see our UK trade mark guide
• Coordinate your filings — if you plan to file in multiple countries, coordinate your filings to take advantage of the 6-month priority window
• Use the conversion safety net — if your EU trade mark is challenged in part of the EU, you can convert it into national applications in unaffected countries while keeping your priority date

Frequently asked questions

How long does an EU trade mark registration last?

An EU trade mark registration lasts 10 years from the filing date and can be renewed indefinitely in 10-year periods.

Does an EU trade mark cover the United Kingdom?

No. Since Brexit (1 January 2021), EU trade marks no longer cover the United Kingdom. You need a separate UK registration. See our UK trade mark guide.

Do I need an EU lawyer to file a trade mark?

If you file through the Madrid Protocol, you do not need an EU-based representative unless issues arise. If filing directly with the EUIPO, you need an EU/EEA-based representative unless your business is domiciled in the EU or EEA.

Which EU countries are covered by an EUTM?

All 27 member states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. If a new country joins the EU, your trade mark automatically extends to cover it.

What if my trade mark is only challenged in one EU country?

You can convert your EU trade mark into national applications in the countries where no issues exist, keeping your original priority date. This conversion mechanism is an important safety net.

Is opposition more common in the EU than in Australia?

Yes. Because the EUIPO does not refuse applications on relative grounds, owners of earlier marks must file oppositions to protect their rights. This makes oppositions significantly more common in the EU.

Can I use my Australian trade mark as a basis for an EU filing?

Yes, through the Madrid Protocol. Your Australian trade mark (registered or pending) can serve as the base mark for an international application designating the EU.

Need help with an EU trade mark?

Whether you are filing a new application, responding to an examination report, managing an opposition, or keeping your registration alive, contact Markster for expert guidance on EU trade marks.

You can also explore our international trade mark filing guide to understand how the EU fits into a broader international strategy.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.