The European Union Trade Mark (EUTM, formerly the Community Trade Mark, CTM) is a single trademark right applied for with the European Union Intellectual Property Office (EUIPO) that takes effect uniformly across all 27 member states. Governed by the EU Trade Mark Regulation, it is the most cost-effective registration route for covering the European market.
Core Legal Characteristics
- Unitary character: an EUTM is a single, indivisible right; registration, assignment, surrender and invalidity all extend to the entire EU and cannot be limited to some member states;
- All or nothing: a prior right or absolute-ground obstacle in any member state can cause the entire application to be refused or the entire registration to be invalidated. Upon refusal, the application may be "converted" into national applications in the member states while preserving the original filing date;
- Uniform use requirement: if the mark is not genuinely used in the EU for five consecutive years after registration, anyone may apply for revocation; genuine use in a small number of member states generally suffices to maintain the right as a whole;
- Term: 10 years, renewable indefinitely.
Application and Examination
- How to file: apply online directly with the EUIPO (official fee about EUR 850 for the first class), or designate the EU through the Madrid System;
- Languages: file in one of the five Office languages and designate a second language;
- Examination: the EUIPO examines only absolute grounds (distinctiveness, prohibited signs, etc.) and does not ex officio examine prior similar marks;
- Publication and opposition: a 3-month opposition period during which prior right holders may oppose; the EU opposition rate is not low, so always search prior EUTMs and national marks before filing;
- Timeline: about 4–6 months to grant without opposition; paid Fast Track acceleration is available.
Coverage and the UK Question
It covers all 27 member states including Austria, Belgium, France, Germany, Italy, Spain, the Netherlands and Poland. Since Brexit, the EUTM no longer extends to the UK; operating in the UK market requires a separate application with the UKIPO.
Advantages and Risks
Advantages: one application covering 27 countries at a per-country cost far below country-by-country registration; unified renewal and changes; a single EUTM works for Amazon Brand Registry across European stores.
Risks:
- A prior obstacle in any single member state can sink the entire application (e.g., one prior similar mark in a small country);
- The impact of an opposition or invalidation is EU-wide;
- When goods are distributed across many countries, a single infringement lawsuit can produce an EU-wide injunction.
Practical Advice
- Before filing, run an EU-wide prior-rights search with EUIPO's eSearch plus and TMview;
- For core brands, register both the EUTM and a UK trademark — since Brexit, neither can replace the other;
- If you expect to operate in only two or three EU countries, also compare the cost of country-by-country registration.
The application of these concepts in practice involves detailed differences; you can consult a registered agent at MyTMBee for targeted analysis before proceeding.