An EU trademark (EUTM) is applied for with the European Union Intellectual Property Office (EUIPO) and, once registered, takes effect uniformly across all 27 member states. Since Brexit, the UK is no longer covered by the EU trademark and requires a separate UK trademark registration.
The 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, Sweden.
Coverage Characteristics
- Unitary right: an EUTM is a single, indivisible right; it cannot take effect in only some member states;
- All or nothing: a prior-right obstacle in any single member state can lead to opposition against or refusal of the entire application (though it can be converted into national applications as a remedy);
- Use requirement: the mark must be genuinely used within the EU within five years of registration, otherwise it may be revoked; genuine use in a small number of member states is generally sufficient to maintain the entire EUTM.
The Impact of Brexit
Since 2021, EUTMs no longer extend to the UK. EUTMs registered before Brexit were automatically "cloned" into corresponding UK registrations, but new applications filed after Brexit must be filed separately with the EUIPO and the UK Intellectual Property Office (UKIPO).
European Countries and Regions Not Covered
The UK, Switzerland, Norway, Iceland, Liechtenstein, Russia, Ukraine and Turkey are not EU members; entering these markets requires separate registration (Switzerland, Norway and others can be designated via Madrid).
How to Apply
You may apply directly with the EUIPO or designate the EU through the Madrid System. The official fee for direct filing is about EUR 850 for the first class, suitable for companies focusing only on Europe.
If you are unsure about the issues above, you can start with an EU trademark registration at MyTMBee and act on the analysis provided by a registered agent.