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337 | When does an international registration enter into effect in the EU territory? | EUIPO | In accordance with Article 106d of the registered Community design regulation (introduced by amending Regulation No 1891/2006), an international registration of a design designating the EU will, from the date of its registration, have the same effect as a registered Community design, if no refusal has been notified or if any such refusal has been withdrawn.
Further information regarding registration. | designs-internationalRegistration |
171 | What is the role of WIPO? | EUIPO | WIPO, through its International Bureau, administers the Madrid Protocol together with the Madrid Arrangement (the two treaties forming the so-called Madrid System). When receiving an international application from an office of origin, it checks in particular that all the filing requirements are met and that the goods and services are correctly classified. If so, it registers the mark in the International Register and it publishes it in the International Gazette. The International Bureau then notifies the international registration to the offices of the designated countries.
The International Bureau does not examine whether the mark as such qualifies for protection, or whether an identical or similar mark has already been registered; that is a matter for the offices of the designated countries. | tradeMarks-internationalRegistration |
290 | What are the limits and weaknesses of an unregistered Community design? | EUIPO | To defend their right or act against counterfeiting, an unregistered Community design holder must be able to provide the following to a third party in a court action.
0. Proof of the date and place of the first disclosure of the design.
1. Proof that the design refers to the disclosed design (with its main characteristic features and especially ones with ‘individual character’).
2. Proof that the interested circles within the European Union could have been aware of the disclosure itself. The difficulty of proving the date and scope of disclosure should not be underestimated. It is inherent in the UCD system, which is otherwise an easy form of protection to achieve.
3. Proof that the alleged counterfeiter has in fact copied the protected design.
For more information, see Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs. | designs-unregisteredDesign |
15 | What is a classification? | EUIPO | Every EUTM application must contain a list of goods and services as a condition for a filing date to be accorded. The list must be classified in accordance with the Nice Agreement. The Nice Classification assigns goods to Classes 1 to 34, and services to Classes 35 to 45. Each class is represented by a class heading, which gives general information about the type of goods or services covered.
It is very important to apply for the classes of goods and services aligned with your business because it will have a direct influence on how protected your EU trade mark is.
More information regarding the Nice Classification can be found on the website of the World Intellectual Property Organization (WIPO) at https://www.wipo.int/portal/en/index.html | tradeMarks-Registration |
189 | How much does it cost to file an international application? | EUIPO | Once an international application is filed via the EUIPO a fee will have to be paid.
Further information on fees and payments. | tradeMarks-internationalRegistration |
33 | How can I track down my ID number? | EUIPO | You can track down the ID numbers when you search for your trade mark in the EUIPO online databases, eSearch plus or TMview. | tradeMarks-Registration |
0 | How to track down the status of my application? | EUIPO | Status of current applications can be followed online through the User Area and/or eSearch plus.
EUIPO applications are published online on eSearch plus, a database that provides you with comprehensive information about trade marks, designs, owners, representatives and bulletins.
The registration process has four steps. More information. | popular |
56 | Principal and subsidiary claims on acquired distinctiveness: what is the difference? | EUIPO | If you file a principal claim, the Office will decide on the distinctiveness of the sign itself and on the acquired distinctiveness by use at the same time. One single decision will be issued covering both aspects. This decision can be appealed.
If you file a subsidiary claim, the examination of the application will be divided into two phases. First, the Office will decide only on the distinctiveness of the sign itself, and when this decision becomes final, it will then deal only with the claim of acquired distinctiveness and take a formal decision on this aspect. Each decision is appealable in its own right and according to its respective deadline.
It is up to the applicant to decide which type of claim to submit. This depends on his or her interests, for example, the swiftness of the registration proceedings, the difficulties in gathering evidence to support the claim of acquired distinctiveness by use, or even the importance of having a final decision on the inherent distinctiveness of the mark.
For more information, please consult our Guidelines. | tradeMarks-Registration |
22 | Is it possible to request an expeditious examination of my application once submitted? | EUIPO | To have your application examined swiftly, you should do the following.
Pay upfront — if you are paying via current account, please note you will need to accept to be debited immediately. If you are paying via bank transfer, you have to make the transfer immediately after the application’s submission. Please use the transaction banking code supplied in the receipt.
Use the prepared form to be taken to your bank (to be found in your confirmation receipt once you have filed the application).
Comply with the conditions of Fast Track* by selecting the adequate goods and services.
* If no objections are found during the examination procedure your file will be treated more quickly.
Further information regarding the whole registration process, which includes the process until publication. | tradeMarks-Registration |
26 | Can an EU trade mark application that has been refused or declared invalid or revoked be converted into a national trade mark application? | EUIPO | An EU trade mark application that has been refused, or an EU trade mark that has been declared invalid or revoked, may be converted into a national trade mark application in all the Member States of the European Union in which the ground for refusal does not apply. The ensuing national trade mark application will retain the filing date of the EU trade mark application. | tradeMarks-Registration |
140 | Who is responsible for bearing the costs of an application for cancellation? | EUIPO | The losing party in cancellation proceedings must bear the fees and costs of the other parties. The costs to be refunded are, however, limited, which means that the person that bears the costs will not have to pay above a certain maximum limit.
For more information, please see the Guidelines, Part D, Cancellation, Section 1, Cancellation Proceedings.
For further information, please see the Guidelines, Part C, Opposition, Section 1, Procedural Matters. | tradeMarks-invalidity |
64 | What is the deadline to file an opposition? | EUIPO | A notice of opposition has to be filed within 3 months of the publication of the EU trade mark application in Part A of the EU Trade Marks Bulletin. | tradeMarks-deadlines |
16 | How can I select my EU trade mark classification? | EUIPO | When filing an electronic application, users can select preapproved terms to build their list of goods and services. These terms originate from the Harmonised Database (HDB) and will automatically be accepted for classification purposes. Using these preapproved terms will facilitate a smoother trade mark registration process. The HDB brings together terms that are accepted for classification purposes in all EU offices.
Before filing an application users can:
search the content of the HDB using the Office’s TMclass tool
| tradeMarks-Registration |
94 | How can I find out if a similar trade mark or design is already registered? | EUIPO | One way of checking whether or not your trade mark or design has already been registered is to consult the Office’s free search online tools: TMview, DesignView and/or eSearch plus. | tradeMarks-searchAvailability |
50 | Is there a procedure to file a seniority claim? | EUIPO | The documents in support of the claim must be, in principle, submitted within 3 months of the date from which seniority is claimed.
For information concerning the evidence to be provided when claiming priority or seniority, see Decision No EX‑05‑5 of the President of the Office of 01/06/2005.
For further explanation consult the Guidelines, Part B, Examination, Section 2, Formalities.
Please access the EUTM FIling form for more information on how to add a seniority claim to your online application. | tradeMarks-Registration |
284 | How can disclosure be proved? | EUIPO | This may be achieved through, for example, a printed review bearing a date, mass publicity, publication in a national IP office Bulletin, display at an international exhibition or a dated mailing to all trade associations of a given industrial sector. | designs-unregisteredDesign |
157 | What about mediation in opposition or cancellation decisions? | EUIPO | At present, mediation is only available for appeals. However, this could change in the future.
For further information, please consult EUIPO Boards of Appeal, Mediation, Instructions to Parties. | tradeMarks-mediation |
150 | What are expedited appeal proceedings? | EUIPO | Exceptional appeal cases may justify the use of expedited appeal proceedings where the urgency of the matter is such that any delay would give rise to a serious risk of damage. Expedited appeals follow an accelerated procedure, are given priority treatment (not following chronological order) and the parties are in principle limited to only one set of observations each.
If a party wishes to request expedited treatment, they must do so by filing the request in a separate document. The request must provide documentary evidence of why the case is urgent. | tradeMarks-appeal |
77 | How long do I have to pay for my application? | EUIPO | One month from the date you filed the application.
However, the examiners will deal with the applications and their related communications only when the fee has been paid. If the basic fee is not paid within 1 month from the date the Office received the application, the provisional filing date will be lost.
For more information, see the Guidelines Part A, General Rules, Section 1, Means of Communication, Time Limits.
Further information regarding time limits and deadlines. | tradeMarks-fees |
163 | Who should take part in mediation? Is it binding? | EUIPO | It's important that the interested parties take part in the mediation process as mediation is not purely about legal issues, but about business interests. Since mediation is a voluntary process, either party can withdraw at any time. Of course, if the mediation results in an agreed settlement between the parties, the formal agreement will need to be drawn up by their lawyers in the normal way. Therefore, having professional representatives to assist each party is essential. | tradeMarks-mediation |
21 | Can I alter my mark after having filed my application? | EUIPO | Only minor alterations can be made as long as they do not substantially change the mark.
The Office’s practice on amendments of the mark representation is very strict. Please consult the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 15 for further details. | tradeMarks-Registration |
35 | What kind of signs may be registered as an EU trade mark? | EUIPO | An EU trade mark may consist of any sign, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
distinguishing the goods or services of one undertaking from those of other undertakings, and
being represented in a manner that enables the competent authorities and the public to determine the subject matter of protection with clarity and precision.
The representation of the signs must be in a form that uses generally available technology that can be reproduced on the register in a clear, precise, self-contained, easily accessible, intelligible, durable and objective manner. Learn more about the file formats accepted by the EUIPO when filing a trade mark. You can also refer to the decision No EX‑17‑6 of the Executive Director of the Office of 22/09/2017 concerning technical specifications for annexes submitted on data carriers.
The European Union trade mark implementing regulation (EUTMIR) lays down specific rules and requirements for the most common types of trade marks.
More examples of trade marks and their types can be found on our website. | tradeMarks-Registration |
192 | Can a merger application be submitted before the EUIPO relating to an international registration? | EUIPO | No. Our regulations do not contemplate mergers for registrations, so the Office is not bound by this new provision of the Madrid Agreement and Protocol since according to Article 182 EUTMR only provisions contained in our regulations will apply to international registrations designating the EU. | tradeMarks-internationalRegistration |
182 | Can I make seniority claims? | EUIPO | Seniority claims and searches are dealt with in parallel by the EUIPO. Seniority of a prior registration can be claimed using a separate official form (MM17) to be annexed to the international application.
The seniority examination is based only on the documents that are provided by the applicant. Seniority of a prior registration can be claimed using a separate official form (MM17) to be annexed to the international registration. | tradeMarks-internationalRegistration |
331 | Does the Geneva Act allow deferment of publication? | EUIPO | Depending on the Contracting Parties designated in the international registration, the publication may be deferred. Some Contracting Parties have made declarations to the effect that, when they are designated, deferment is not allowed or the deferment period is shortened to 6 months. The maximum period for deferment under the Geneva Act is 30 months from the filing date, or, where priority is claimed, from the priority date, which is also the period allowed by the EU. For further information on deferment, please consult the WIPO website.
For more information regarding how to apply, see the Guidelines, Examination of Applications for Registered Community Designs. | designs-internationalRegistration |
49 | What is the seniority of an earlier national mark? | EUIPO | If applicants or proprietors of a European Union trade mark already hold a prior identical national or international trade mark registration with effect in one or several Member States for identical goods and services, they may claim the seniority of that mark in the EU trade mark application, within 2 months of its filing, or any time after registration of the EU trade mark, preserving their prior rights even if they do not renew their earlier mark.
Further details on the principles and formalities of seniority claims can be found in the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 17, Seniority. | tradeMarks-Registration |
36 | I have filed an application for a figurative mark with word elements. How should it be displayed on the filing receipt? | EUIPO | The filing receipt will only mention that a figurative mark has been filed. This is because the term ‘figurative mark’ covers ‘composite’ or ‘stylised’ marks, ‘word + logo’, etc. (check our website for Figurative mark examples). In accordance with the practice of the EUIPO, a mark is figurative when it consists of:
exclusively figurative elements;
a combination of verbal and figurative or otherwise graphical elements;
verbal elements in non-standard fonts;
verbal elements in colour;
verbal elements on more than one line;
letters from non-EU alphabets;
signs that cannot be reproduced by a keyboard;
combinations of the above.
In the application form, ‘figurative mark with word elements’ has been added in order to allow the applicant to key in the word elements.
Further information regarding EU trade mark legal texts. | tradeMarks-Registration |
228 | How many design views can you submit? | EUIPO | The design must be represented by at least one view, but you can submit up to seven views per design, plus three extra unprotected views. The same applies to multiple applications, with up to seven views permitted for each design.
In cases where more than seven views are submitted, the EUIPO will disregard any extra views for registration and publication purposes and use the views in the consecutive order as numbered by the applicant (Article 4(2) CDIR).
Find further information on design filing tips and best practices here.
Further information can be found in the Guidelines, Examination of Applications for Registered Community Designs. | designs-Registration |
348 | What is a product/good or a service? | EUIPO | Product/good: any kind of item that may be traded.
Service: the provision of activities in accordance with human needs.
Your application for a European Union trade mark must contain a representation of the trade mark you want to register and a list of the goods and/or services to be covered by the mark (see Article 31 EUTMR for all conditions with which applications must comply or the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 4 for more details). | tradeMarks-basic |
168 | What is the Madrid Protocol? | EUIPO | The Madrid Protocol for the international registration of marks is a treaty administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva. It has been in operation since April 1996 and has been ratified by many countries around the world, including most European countries, the USA, Japan, Australia, China, Russia, and, in October 2004, by the European Union (EU) as such.
The Madrid Protocol gives trade mark owners the possibility of having their trade marks protected in several countries by simply filing one application directly with their own national or regional trade mark office.
For further information regarding the Madrid Protocol, please visit our Strategy section and click on the ‘Develop’ tab. | tradeMarks-internationalRegistration |
213 | How to distinguish a modular system from a design of interconnections whose protection is refused under Article 8(2)? | EUIPO | Interconnections are product features that enable it to be assembled or mechanically connected with another product, for example a plug connection or an exhaust pipe. These need to have specific shapes and dimensions to fit with a car.
Interconnections don not usually include alternative configurations as in the case of modular systems.
Applications to register ‘interconnections’ will not be excluded from protection through registration, but they will not benefit from the legal protection accorded to a Community design as the EUIPO does not conduct any substantive examination before registration. | designs-basic |
133 | When can an EU trade mark be declared invalid? | EUIPO | There are two types of grounds for invalidity: absolute and relative. Absolute grounds for invalidity include the grounds for refusal that have been examined ex officio during the registration procedure. Relative grounds for invalidity concern earlier rights that take precedence over the EU trade mark in accordance with the principle of ‘priority’.
An EU trade mark may be declared invalid by invoking absolute grounds in the following cases.
Where the EU trade mark was registered in spite of the existence of an absolute ground for refusal (in particular, if it was non-distinctive or descriptive).
Where the applicant acted in bad faith when filing the application. This mainly concerns cases where the applicant was pursuing illicit aims in filing the application for the trade mark.
An EU trade mark may be declared invalid by invoking relative grounds in the following cases.
For the same reasons as those for which notice of opposition may be filed.
Where another earlier right exists in a Member State that permits the use of the trade mark in question to be prohibited. This concerns, in particular, a right to a name, a right of personal portrayal, a copyright and an industrial property right such as an industrial design right.
Additional information on looking after your rights.
Further details can be found in the Guidelines, Part D, Cancellation, Section 1, Proceedings. | tradeMarks-invalidity |
188 | How do I file an international application based on an EU trade mark? | EUIPO | You can now file an international trade mark application based on an EU trade mark online.
Alternatively, you can use one of the two following forms.
The WIPO MM2 form in English, French or Spanish (available on the WIPO website), or
The EUIPO EM2 form in one of the 23 official languages used at the EUIPO, available in two different versions. The first version of the EUIPO form is for applications made in one of the three languages of the Madrid Protocol (English, French or Spanish). The second is for applications made in the 20 other languages.
| tradeMarks-internationalRegistration |
105 | There has been a change of ownership. How can I record this change? | EUIPO | Transfer requests are an exception as there is a fee. Please consult the fees payable directly to the EUIPO section for detailed information regarding the transfer of a licence (see fee code F‑023).
Further information regarding how to change personal data for owners.
For further information on transfer in RCDs, see the Guidelines, Examination of Applications for Registered Community Designs. | tradeMarks-register |
93 | What is an ID number and where can I find mine? | EUIPO | An ID Number is an identification number allocated to every representative that files an application with the EUIPO.
All applications are included in eSearch plus.
The Office does not automatically inform its clients of this number (except where it concerns a decision on entry on the list of professional representatives), but will provide it upon request.
This number can also be found by consulting any of your files in eSearch plus. In order to be able to assist the Office in identifying you quickly as a client, please use your ID number in all communications with the EUIPO.
Please note that by accessing the User Area you can create a Web Account, and once done, you can file an application at the following address using an EUTM Filing form.
Once your application has been validated, the system will create an ID number for you. | tradeMarks-representation |
70 | What is the time limit to submit an action for invalidity of a design at EU level (RCD)? | EUIPO | There is no time limit for submitting an action for declaration of the invalidity of a design at EU level (RCD). | tradeMarks-deadlines |
143 | How much does it cost to file a notice of appeal? | EUIPO | Check fees section | tradeMarks-appeal |
126 | The notice of opposition served on me by the Office seems incomplete (it does not contain any proof of earlier rights, some of the evidence has not been translated, etc.). Is this normal? | EUIPO | The Office serves the notice of opposition once it has established that the opposition is admissible in accordance with the EU trade mark regulation (EUTMR). This does not mean, however, that it is ‘complete’. After the expiry of the ‘cooling-off’ period and if the parties have not reached a friendly settlement, the opponent has a period of 2 months in which to complete the file by submitting the evidence upon which the opponent’s arguments and rights rely. The Office will then send the documents received to the applicant so that the applicant may submit observations within a period of 2 months.
Further details on this matter can be found in the Guidelines, Part C, Opposition, Section 1, Procedural Matters. | tradeMarks-opposition |
144 | Is representation obligatory in order to file a notice of appeal? | EUIPO | No | tradeMarks-appeal |
44 | Does 'collective' mean that the EU trade mark belongs to several persons? | EUIPO | No, ‘collective’ does not mean that the mark belongs to several persons (co-applicants/co-owners) or that it designates/covers more than one country (the EU trade mark system covers all EU countries automatically).
Under the European Union trade mark regulation (EUTMR), there are specific provisions on the protection of collective marks. Being an indication to serve to designate the geographical origin of the goods or services is not an obstacle for the registration of a collective mark. This is in contrast to an individual EU trade mark, where such a geographical indication cannot be registered.
An applicant for a collective mark has to submit regulations governing its use within 2 months of the date of filing.
You can find further information under Articles 74 to 82 of the European Union trade mark regulation (EUTMR) and in the Guidelines, Part B, Examination, Section 4, Absolute Grounds for Refusal, Chapter 15, European Union Collective Marks. | tradeMarks-Registration |
344 | Why a European Union trade mark (EUTM)? | EUIPO | The European Union trade mark system consists of one single registration procedure that gives its owner an exclusive right in the 27 Member States of the European Union.
The Office recommends that you verify the website checklist before filling an application for an EU trade mark.
Further information:
- Apply now
- Trade mark definition | tradeMarks-basic |
155 | When is mediation an option? | EUIPO | Mediation before the EUIPO is currently only available at the appeal stage of proceedings between 2 or more parties. Within 2 months of the notification of the contested decision, the losing party must file a notice of appeal and pay the appeal fee in order to obtain the 'suspensive effect' of the appeal, meaning that decisions may not yet become final and their effects are suspended. The appeal will only be admissible if the appellant submits a statement of grounds within 4 months of the notification of the contested decision. The periods for filing the appeal, paying the appeal fee and filing the statement of grounds cannot be extended or suspended.
Both parties must sign the request for mediation, or otherwise show that consent from the other party has been obtained. The appeal proceedings will then be suspended pending the mediation.
Further information on mediation. | tradeMarks-mediation |
253 | When do I have to pay the fees for application? | EUIPO | The registration publication fees must be paid at the same time; when filing the application.
If you make a request for deferment, the deferment fee will replace the publication fee. You must pay this fee at the end of the deferment period. If the holder requests the publication earlier, it must be paid before the end of that period.
The EUIPO will not issue a request for payment. If a receipt of payment is required, request this by email at customercare@euipo.europa.eu.
If a filing date has been granted, fees will not be refunded, except where the amount of fees paid by the applicant is insufficient to cover the fees for registration and publication (or deferment, as the case may be) for the design, or for at least one design of a multiple application. | designs-fees |
123 | Can I base my opposition on several different trade marks of which I am the proprietor? | EUIPO | Natural or legal persons may file a notice of opposition based on as many trade marks as are considered necessary, provided that they are the proprietors.
Further details can be found in the Guidelines, Part C, Opposition, Section 0, Introduction. | tradeMarks-opposition |
199 | EU trade marks filed or registered before accession - will they be translated into the new languages after accession? | EUIPO | No. EU trade marks that have been applied for or registered before accession of new Member States will not be translated or published in the new languages. However, as from the date of accession, the new official languages of the Member States have become official languages of the EU and therefore all EU trade marks applied for on or after that date are translated into the new official languages. | tradeMarks-EnlargementEU |
92 | We are a large company with a legal department that handles all IP matters, can our legal department be regarded as an association of representatives? | EUIPO | In general, the Office considers that an association of representatives is considered to be valid if it is composed of at least two persons who may act as legal practitioner or professional representative according to Article 120 EUTMR and Article 78 CDR.
A legal department will be considered as a valid association if it fulfils this condition. However, please note that in order to avoid confusions, it is preferable that the name of the association differs from the name of the company (e.g. ‘EUIPO Intellectual Property’ instead of ‘EUIPO’). If the entity that manages the IP rights portfolio is independent from the company, the legal name of this entity can be used.
You can find additional information in the Guidelines, Part A, General Rules, Section 5, Professional Representation. | tradeMarks-representation |
89 | What is a legal practitioner? | EUIPO | The term ‘legal practitioner’ is defined by Directive 98/5/EC of the European Parliament and of the Council of 16/02/1998. The requirement ‘to be qualified in one of the Member States’ means that the person must be admitted to the relevant national Bar or practice under one of the professional titles, which can be found in Annex 1 ( Guidelines, General Rules, Section 5, Professional Representation, page 25).
Access eSearch plus.
For further information, see the Guidelines, General Rules, Section 5, Professional Representation. | tradeMarks-representation |
205 | What is an unregistered Community design? | EUIPO | Unregistered Community design is a design, which complies with the requirements of the Community design regulation and which has been made available to the public by being published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Community.
The design is not deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality. | designs-basic |
96 | Does the Office carry out searches for identical or similar trade marks? | EUIPO | Yes, if the applicant requested this in the advanced application form. For each EU trade mark application and international registration designating the EU, the Office then draws up a European Union search report during the examination procedure. This report indicates earlier identical or similar EU trade marks and EU trade mark applications and international registrations designating the EU for identical and similar classes of goods and services. The search includes earlier marks with goods and services falling into the same class, as well as into conflicting classes that typically include similar goods and services.
For more information, please consult our registration process section. | tradeMarks-searchAvailability |
326 | How to file an application for international registration? | EUIPO | The EUIPO has no role in the initial procedure of the international registration. This means that applications for international registrations have to be filed directly with WIPO and are processed there. Furthermore, and in contrast to the Madrid Protocol, there is no need to have a national or a Community application or registration as a base for an international application.
Where an application for international registration has been submitted to the EUIPO erroneously, the EUIPO neither forwards the application to WIPO nor returns it to the sender. | designs-internationalRegistration |
91 | What do I have to do if I want to change my representative? | EUIPO | If a new representative has been appointed, he or she can inform the Office in writing that the former representative is no longer acting for the client. No authorisation is required unless the new representative is an employee representative. The change will be confirmed by the Office in writing and publication of the change will follow.
Further information on how to manage my RCD.
Further information on how to manage my EUTM.
Further information regarding how to change personal data for owners.
Alternatively, see the Guidelines, Part A, General Rules, Section 5, Professional Representation. | tradeMarks-representation |
231 | What is a 'deferred publication' or a 'request for deferment of publication'? | EUIPO | After registration, the design is either published or subject to deferment of publication for up to 30 months from the filing date or from the date of the earliest priority claimed.
The request for deferment must be made on the initial application form; later requests will not be accepted.
This period of confidentiality affords the applicant an opportunity to further develop their marketing strategy or to finalise the preparations for production without competitors being aware of the design in question.
Upon registration, only very basic details will be supplied in the publication. The substance of the design (views, indication of product and classification) will remain confidential. This can be of vital importance in a sector such as fashion or the automobile industry where it is necessary to protect designs from competitors while arranging the production of the design into the final product. If at any time within the period of 30 months the applicant wishes to cancel the deferment, they can do so by asking the EUIPO to publish the design. This grants designers and businesses a great deal of control over their creations.
At the end of the deferment period, the holder or their representative is responsible for requesting the full publication by paying the publication fees. If the holder fails to do so before the deadline – 27 months at the latest from the date of filing or the date of priority – the registered Community design right will not be published and is lost.
Find further information on how to request deferment here.
For further information, see the Guidelines, Examination of Applications for Registered Community Designs. | designs-Registration |
200 | Would there be any possibility of opposing the use of extended EUTMs in the new Member States? | EUIPO | Yes. Holders of earlier national rights may prohibit the use (only) of extended EU trade marks in the territory of a new Member State, according to their national legislation, under two conditions. Firstly, the earlier rights were registered, applied for or acquired in the new Member State prior to the date of accession of that state and secondly, the earlier rights were acquired in good faith. This provision guarantees the unitary character of the EU trade mark system, as an EU trade mark remains valid for all Member States of the EU but it cannot be used only in the territory of the ‘new Member State’ where the earlier conflicting right exists.
For further information, see Decision No 2013‑3 of the Presidium of the Boards of Appeal of 05/07/2013 on the amicable settlement of disputes, ‘Decision on Mediation’. | tradeMarks-EnlargementEU |
13 | What happens if one of the filing date requirements is not fulfilled? | EUIPO | The filing date will either be later than the date of actual receipt of the application at the Office or will be denied altogether. The EUIPO will issue a deficiency letter to comply with the missing requirements within a period of 2 months. This time limit is not extendable. Once complied with, the filing date of the application will become the date on which all mandatory information is complete, including the payment. If the requirements are not complied with (see Article 31 EUTMR for all conditions with which applications must comply, or the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 4 for all details), the EUTM application will not be treated as an application for an EUTM (‘deemed not filed’) and all fees already paid will be reimbursed. | tradeMarks-Registration |
204 | What is a registered Community design? | EUIPO | Registered Community design is a design registered in the manner provided for in the Community design regulation. A design is defined as ‘the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation’. | designs-basic |
333 | Does the EUIPO (re-)publish international registrations? | EUIPO | No, the EUIPO does not (re-)publish international registrations. Only WIPO publishes international registrations on their website in the International Designs Bulletin. | designs-internationalRegistration |
233 | Can I file online in any of the European Union languages? | EUIPO | Yes. The online application form is available in all of the EU languages. | designs-Registration |
6 | What are the Register of European Union trade marks and Community design Register? | EUIPO | The Register of European Union trade marks contains particulars of all EU trade marks applications and registrations, as described in Article 111 of the European Union trade mark regulation (EUTMR).
The Community design Register contains particulars related to the registration of a Community design.
The Register is constantly updated to track the changes to the EU trade mark and registered designs information that the Regulation determines, such as ownership details, granting of a licence or a right in rem and seniority claims.
The Office publishes an EU Trade Marks Bulletin and a Community Designs Bulletin containing entries as well as other particulars in the Register open to public inspection.
For better understanding of the Bulletins, the Office also has available Vademecums, which are guides to explain the items published in the Bulletins.
There are two Vademecums available: one for EU trade marks and one for registered Community designs.
Link to the Bulletins (Vademecum). | popular |
99 | How do I request national search reports? | EUIPO | EU search reports are included in the application fee. National search reports are optional. Both must be requested by the applicant at the time of filing of an EU trade mark application or, for international registrations (IRs) designating the EU, within 1 month after transmission of the file from WIPO to the EUIPO. The fee for National search reports is EUR 12 per participating office.
Since 1 January 2014, 5 national offices have been taking part in this optional search system and perform searches in their national registers: the Czech Republic, Denmark, Hungary, Romania and Slovakia. The total fee to pay for National search reports is therefore EUR 60.
For further information regarding search reports, see the Guidelines, Part B, Examination, Section 1, Proceedings. | tradeMarks-searchAvailability |
347 | Who can be the owner of an EU trade mark? | EUIPO | Any natural or legal person, including authorities established under public law, can be the proprietor of an EUTM.
Click here for further information on ownership.
You can also consult the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 2.1 | tradeMarks-basic |
76 | How can I pay in advance concerning the 1 month period, if I am a current account user? | EUIPO | By default, if you are a current account user, your account will be debited immediately, via ‘Debit now’. If you prefer not to pay until the end of the 1‑month period given, you should tick the ‘Debit later’ box. If you have already submitted your application, use the ‘Debit now request’ (current account holders only) action in electronic communications, indicating the application number and requesting an immediate debit from your current account. | tradeMarks-fees |
69 | What is the time limit for submitting an application for revocation or invalidity of an EU trade mark? | EUIPO | There is no time limit for submitting an application for revocation of an EU trade mark or for a declaration that the trade mark is invalid. | tradeMarks-deadlines |
207 | What are the differences between a registered and an unregistered Community design? | EUIPO | A registered Community design (RCD) grants exclusive rights covering the outward appearance of a product, or part of it, resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation. The fact that the right is registered confers on the design great certainty should infringement occur. An RCD is initially valid for 5 years from the filing date and can be renewed for 5‑year periods, up to a maximum of 25 years.
Further information on designs in the EU. | designs-basic |
114 | What to do when an opposition is filed against my EU trade mark application? | EUIPO | In order to ensure an efficient protection of your rights, we recommend consulting a legal practitioner specialised in trade mark matters. You can find a list of representatives before the EUIPO in eSearch plus. | tradeMarks-opposition |
173 | How do I designate the EU in an international application or in a subsequent designation? | EUIPO | To file an international application, it is compulsory to use the form on the WIPO website in English, French or Spanish. | tradeMarks-internationalRegistration |
211 | What is a 'component part of a complex product'? | EUIPO | An example would be parts of cars such as wing mirrors, bumpers, bonnets or lights.
If they are visible during the normal use of a complex product, they are not necessarily excluded from registration but they will have limited protection. It is possible to produce and sell such registered components specifically to repair an original product without infringing the registered Community design. If they are not visible in normal use they will not be excluded from protection through registration, but they will not benefit from the legal protection accorded to Community designs as the EUIPO does not conduct any substantive examination before registration. | designs-basic |
9 | Who can file an EU trade mark? | EUIPO | Any natural person or legal entity from any country in the world can file an application. However, applicants based outside the EEA/EU are reminded that any proceedings before the Office require the appointment of a representative from inside the EU/EEA. Any applications not fulfilling these requirements will generate an objection letter. It is therefore highly recommended that the appointment is made at the time of filling to avoid formalities deficiencies and a possible loss of rights. More information. | tradeMarks-Registration |
1 | What are the fees for an application of an EU trade mark? | EUIPO | For the registration of an EU trade mark, an application has to be filed. There is a unique fee to be paid per application.
The fee amount depends on:
whether it is filed by electronic means;
whether it is an individual EU trade mark, EU collective or an EU certification mark;
how many classes of goods and/or services are covered in your application (usually there are two fees to consider: the basic fee and the class fee).
You can find more information about the fees structure in the fees and payments section on the website. You can also calculate the exact fee depending on the number of classes and filing method of your application by using the fee calculator.
The basic fee and, where appropriate, class fees, must be paid within 1 month of the filing of the application to keep the provisional filing date. Where the fee is not paid within 1 month, the provisional filing date will be lost. | popular |
2 | What is the difference between the applicant's reference and ID number? | EUIPO | Applicants or representatives may indicate their own reference of no more than 20 characters in the space provided in the application form, for example, initials, a string of letters, digits, etc. This reference can be useful for you to distinguish different applications you filed.
An ‘ID number’ is a number allocated by the Office to identify applicants and representatives.
Once the applicant or representative has already been allocated an ‘ID number’ by the EUIPO, it is sufficient to indicate that ID number together with the name of the applicant/representative in future applications.
Without an ID number, all applicants’/representatives’ fields must be completed. | popular |
197 | What would happen in the event of any future enlargement of the European Union? | EUIPO | After any future enlargement of the European Union any EU trade mark and registered Community design registered or applied for before the accession of new countries will automatically extend to the new Member State(s) without any formalities or fees.
For further information, see the Guidelines, Part A, General Rules, Section 9, Enlargement. | tradeMarks-EnlargementEU |
156 | What kind of subject matter can I mediate before the EUIPO? | EUIPO | There must first be a decision taken at the EUIPO on EU trade mark or design matters in inter partes proceedings, where all interested parties are served with adequate notices and are given a reasonable opportunity to attend. That decision must then be appealed before mediation can commence.
The subject matter of the mediation may, however, go beyond the scope of the EUIPO appeal proceedings and embrace parallel trade mark, design or other IP right-related disputes between the same parties. There are many possibilities; it may be, for example, that the parties with conflicting rights operate in completely different markets. They could agree to keep it that way. The key to successful mediation is to change the focus from legal arguments to business interests. Mediation in ex parte cases (i.e. where the other party to a contested decision is the EUIPO itself) is not possible.
Further information can be found in EUIPO Boards of Appeal, Mediation, Instructions to Parties. | tradeMarks-mediation |
154 | Why might I want to choose mediation? | EUIPO | The Boards of Appeal deal with around 2 500 cases per year. An average case takes 1.5 years to resolve and some may also lead to further appeal. This can be an expensive and time-consuming process. Yet in many cases – although there are genuine legal conflicts – it is possible to reach an agreement in which the business interests of both parties can be preserved. Mediation is a faster and cheaper alternative to litigation but still involves skilled professionals (mediators) that are well versed in IP matters. It also guarantees the confidentiality of the dispute, as the dispute is removed from the public eye. Mediation traditionally has a high rate of success.
Find further information regarding the rules on mediation here. | tradeMarks-mediation |
353 | Is my trade mark protected from the moment I file the application? | EUIPO | EU trade mark protection is obtained by registration. However, the EU trade mark application entitles the applicant to file oppositions against trade mark applications filed later that may be identical or similar to the applicant’s trade mark for identical or related goods and/or services (see FAQs on opposition).
Additionally, an EU trade mark application may be transferred, subject to rights in rem, levied in execution, involved in insolvency proceedings and licensed, among other possibilities. All changes in the Register can be found in the Guidelines, Part E, Register Operations. | tradeMarks-basic |
55 | What is acquired distinctiveness by use? | EUIPO | Acquired distinctiveness is a claim that can be made when registering a trade mark that is not distinctive per se but that has become distinctive as a consequence of its use on the market.
To be registered, a trade mark should be ‘inherently distinctive’, that is, it should be distinctive, non‑descriptive and should not consist of words or signs that are customary in everyday language. However, as an exception to this rule, a sign can be registered if the applicant submits evidence of acquired distinctiveness of the mark by use. In this case, they will need to prove that at least a significant proportion of the relevant public perceives the sign as a trademark (i.e. that they identify the goods and services claimed in the application as originating from a particular undertaking).
The Office will only examine the acquired distinctiveness of a trade mark when it is explicitly requested by the applicant, never of its own motion. The claim of acquired distinctiveness has to be filed either as a subsidiary claim or as a principal claim.
For more information, please consult our Guidelines. | tradeMarks-Registration |
196 | When will the division be effective from? | EUIPO | The division of an international registration will be recorded using the date of receipt by the WIPO of the request or, if there is an irregularity in the request, the date the irregularity was remedied. Please see the 1 February 2019 amendment to the Common Regulations under the Madrid Agreement and Protocol — Rule 27bis — division of an international registration. | tradeMarks-internationalRegistration |
361 | Where can I find reports and studies about EU intellectual property? | EUIPO | Intellectual property reports and studies are available on the European Observatory on Infringements of Intellectual Property Rights website.
Links to intellectual property reports and studies. | tradeMarks-basic |
352 | What does the ‘obligation to use a trade mark’ mean? | EUIPO | Union legislation on trade marks establishes an ‘obligation’ for the owner of a registered trade mark to use that mark in a genuine manner.
Further details on proof of use and genuine use can be found in the Guidelines, Part C, Opposition, Section 6, Proof of Use, paragraph 1.1, Function of proof of use. | tradeMarks-basic |
88 | What is the procedure to be included in the list of professional representatives? | EUIPO | To be included in the list of professional representatives, please complete, sign and date the application form and send it to us. You must enclose a certificate issued by a national office or refer to the block certificate in which you are listed as a qualified representative.
For additional information about professional representatives in design matters, see the notes on the application form for entry on the Special List of Professional Representatives.
For further information regarding professional representatives, see the Guidelines, Part A, General Rules, Section 5, Professional Representation. | tradeMarks-representation |
42 | What kind of European Union trade marks (EUTM) exist? | EUIPO | There are three kinds of EUTMs, individual, collective or certification marks. | tradeMarks-Registration |
362 | What is the European trade mark and design network? | EUIPO | The EUIPO works together with the Europeans Union’s intellectual property offices, international organisations and user groups to harmonise the practices and tools within the European Union by creating a comprehensive European trade mark and design network. | tradeMarks-basic |
79 | I missed both the 1 month deadline to pay the application fee and the further deadline set by the Office to pay the application fee. Can I still proceed with the payment? | EUIPO | No, the file will be closed and you have to resend an entirely new application. | tradeMarks-fees |
24 | What is the difference between absolute and relative grounds for refusal of an EUTM application? | EUIPO | The Office will refuse your trade mark application if it is believed not to fulfil certain requirements, also called absolute grounds.
Article 7 EUTMR lists the absolute grounds for refusal. Trade mark applications that are not refused at this stage are published. See the full registration workflow.
The absolute grounds of refusal are to be distinguished from the relative grounds for refusal, which is only examined if, after the publication of the EUTM application, one or more oppositions are filed by any third party on the basis of one or more conflicting earlier rights, such as a prior trade mark.
The EUIPO will not examine relative grounds for refusal ex officio. These may be raised only by third parties in opposition proceedings or in cancellation proceedings, after registration of the EU trade mark. Find out what the corresponding fees are and see the differences by selecting the ‘opposition’ tab on the Registration process pag | tradeMarks-Registration |
172 | Can I designate the EU in an international application? | EUIPO | Yes, It is possible to designate the European Union in an international application as a territory where you wish to have your trade mark protected. The EUIPO is the EU office administrating a trade mark valid across the entire territory of the EU. | tradeMarks-internationalRegistration |
215 | What is the difference between the protection offered by a shape mark registration and that offered by a design registration? | EUIPO | A shape trade mark registration protects the distinctiveness of the sign compared to the other existing signs in use for the same goods or services, whereas a design registration protects the novelty and the individual character of a product.
The characteristic of novelty does not apply to trade marks and the characteristic of distinctiveness does not apply to designs.
A trade mark has no time limit (it can be renewed indefinitely for periods of 10 years), whereas a registered Community design has a maximum of 25 years’ duration from the filing date. | designs-basic |
58 | I have made a principal claim on acquired distinctiveness: when do I have to file my evidence of use? | EUIPO | If the claim was filed with the application, when the Office raises an objection to the mark, the applicant will be invited to submit the relevant evidence and its observations on the objection within a specific deadline.
If the applicant makes a principal claim in response to the first objection letter, but does not submit evidence at the same time, the Office will issue a communication requesting the applicant to file the evidence within 2 months. | tradeMarks-Registration |
98 | Are national search reports included in the application fee? | EUIPO | These reports list any earlier national trade marks, national trade mark applications or trade marks registered under international agreements having effect in the Member State(s) concerned that have been discovered and that may be invoked under Article 8 EUTMR against the registration of the EUTM applied for, or state that the search has revealed no such rights. These reports are subject to the payment of the corresponding search fees.
Holders of IRs designating the EU that wish to apply for national searches must send the request and pay the relevant fee to the Office within 1 month of the date of notification of the IR by WIPO.
A request for national searches implies that all participating national offices will carry out the search. This all-or-nothing approach means that the applicant cannot select the particular participating offices that it wishes to carry out the search. | tradeMarks-searchAvailability |
95 | Can a search be carried out by the EUIPO before filing an application to find out whether or not a similar mark has already been registered? | EUIPO | The EUIPO offers a similarity report that compiles a list of trade marks that could affect your application. Earlier trade marks could pose a threat to your application. The list takes into account both the trade mark names and the goods and services applied for.
Please note that this list is not exhaustive. Your trade mark could be challenged even if no results were returned.
In addition, the EUIPO’s online databases, eSearch plus and TMview, allow users to search for availability and are both available to all users free of charge. | tradeMarks-searchAvailability |
203 | What are the requirements for protection of a design in the EU? | EUIPO | For Community design protection, a design must be new and have an individual character.
There are two kinds of Community designs:
unregistered Community design; and
registered Community design.
| designs-basic |
120 | In what language must the notice of opposition be filed? | EUIPO | The Opposition Division of the EUIPO uses the five languages of the Office (English, French, German, Italian and Spanish). The notice of opposition may only be filed in one of these languages and the language must also coincide with one of the two languages chosen by the applicant for the European Union trade mark, as indicated upon publication of the application in the EU Trade Marks Bulletin. This language will then be used throughout the opposition proceedings. | tradeMarks-opposition |
181 | How does the Office communicate with the applicant during the examination process? | EUIPO | The first communication is sent to the holder via WIPO. Thereafter, the communication channel is established directly between the EUIPO and the holder or the holder’s representative.
The EUIPO has 18 months to inform WIPO of all possible grounds for refusal of the EU designation. The 18‑month period starts on the day on which the EUIPO is notified of the designation. If an objection is not overcome, a final decision is sent to the holder. The final decision may be appealed before the Boards of Appeal. Once the appeal procedure has been exhausted and the decision is final, a refusal notification is sent to WIPO.
If there are no grounds for refusal the Office will issue an interim status to WIPO. This statement will be transmitted to the holder, published in the International Gazette and entered in the International Register. | tradeMarks-internationalRegistration |
226 | Is it possible to claim the priority of a design that has already been applied for? | EUIPO | Yes. Anyone who has filed a design application in any state that is party to the Paris Convention for the Protection of Industrial Property or to the Agreement establishing the World Trade Organization may claim priority.
The subsequent filing with the EUIPO must be made within 6 months of the first application. The documentation relating to the right of priority claimed should contain a depiction of the prior design. Even if the registration of a registered Community design (RCD) is rejected, a subsequent filing with the EUIPO can be made claiming the priority of the rejected RCD application.
For further information on how to apply, see the Guidelines, Examination of Applications for Registered Community Designs. | designs-Registration |
3 | How to search the availability of trade marks? | EUIPO | Searching for trade marks before you apply is an important action to minimise any possible conflict. You can search for registered trade marks, via the Office online tools, by using two different EUIPO databases, eSearch plus and TMview. | popular |
332 | Does the EUIPO keep a register of international registrations? | EUIPO | No. International registrations designating the European Union are published by WIPO in the Hague Express Bulletin.
This international Bulletin is available on the WIPO website and it is updated weekly. | designs-internationalRegistration |
235 | How do I sign the application? | EUIPO | You cannot sign the application; you only need to specify the name of the person authorising the payment of the application fees.
For more information regarding how to apply, see the Guidelines, Examination of Applications for Registered Community Designs. | designs-Registration |
46 | What does it mean to 'claim priority' of an earlier application? | EUIPO | Priority may be claimed of one or more previous trade mark applications, namely a national (or Benelux) application filed in or for a State party to the Paris Convention, a member of the WTO, a State for which the Commission has confirmed reciprocity, or an EU trade mark application.
The ‘convention priority’ right is a right limited in time, which is triggered by the first regular filing of a trade mark. A regular national filing is any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever the subsequent fate may be of the application (Article 4(3) of the Paris Convention). It may be claimed during the 6 months following the first filing.
Priority claims must be filed together with the EU trade mark application or in a separate communication filed on the same date as the EUTM application. Further details on the principles and formalities of ‘convention priority’ claims can be found in the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 15, (Convention) Priority, and in the specific section of the legislative reform FAQs. | tradeMarks-Registration |
164 | What usually happens in mediation? | EUIPO | Since mediation is a fairly flexible process, it's hard to determine in advance the precise format a particular mediation will take. Nevertheless, most cases involve initial contact between the parties and the mediator where a timetable is discussed together with the location of the mediation and the need for any prior exchange of documents. The parties then usually sign a mediation agreement and send it to the mediator as soon as possible.
In most cases, the mediation is held at the EUIPO's premises in Alicante and the parties either come alone or with their legal representatives. Mediation normally lasts 1 day and will alternate joint sessions, where the mediator and both parties are present, and individual sessions, where the mediator meets with each of the parties separately and privately. The idea of the joint session is to draw up a list of issues to be resolved, whereas the individual sessions explore those issues further to find possible solutions or compromises.
All information disclosed to the mediator in the individual sessions is confidential and cannot be disclosed to the other party without prior, express authorisation. Proceedings will usually be closed through further joint sessions and the drafting of a settlement agreement. The case then goes back to the Board of Appeal it was originally assigned to for a formal decision, noting the closure of the appeal proceedings.
For further information, please consult EUIPO Boards of Appeal, Mediation, Instructions to Parties. | tradeMarks-mediation |
328 | How much does it cost to designate the EU in an international application? | EUIPO | For an international application, in addition to a basic fee and a publication fee, a fee has to be paid for each Contracting Party designated in the international registration. The fee depends on the specific Contracting Party. All fees have to be paid in Swiss Francs to WIPO. For further information, please consult WIPO’s fee calculator.
For more information regarding how to apply, see the Guidelines, Examination of Applications for Registered Community Designs. | designs-internationalRegistration |
129 | Can the successful party in opposition proceedings get the refund of the costs of it? | EUIPO | The decision on apportionment of costs is given in a decision on substance. In all other cases where the EUIPO Opposition Division closes the case, a decision on costs is attached to the notification. Where the costs are limited to representation costs and the opposition fee, the decision fixing the amount of costs will be included in the decision on the apportionment of the costs according to the ceilings set out in Article 18 of the EU trade mark implementing regulation.
Further details on this matter can be found in the Guidelines, Part C, Opposition, Section 1 Procedural Matters. | tradeMarks-opposition |
54 | How can I renew my EU trade mark? | EUIPO | A European Union trade mark (EUTM) is valid for 10 years. It can be renewed indefinitely, for 10 years at a time. Six months before expiry of the registration the EUIPO will inform the owner, their representative or any other registered rights holder, in writing, that the registration is due for renewal. Failure to give such information does not affect the expiry of the registration and does not involve the responsibility of the Office.
A request for renewal can be submitted online using the renewal request form.
For more information concerning renewals of EU trade marks, please consult:
the Guidelines, Part E, Register Operations, Section 4, Renewal,
the Manage page, and
the Renewals section on the website.
| tradeMarks-Registration |
116 | How do I file an opposition? | EUIPO | Oppositions against EU trade mark applications have to be filed in writing within a period of 3 months following the publication of the EU trade mark application in the EU Trade Marks Bulletin.
For your convenience, oppositions can also be filed using the online form. Once the online form has been submitted, an opposition number will be allocated to your request.
Opposition is considered as duly submitted only if the opposition fee has been paid.
Further information on how to file a notice of opposition against an EUTM or international registration. | tradeMarks-opposition |
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