30 years of EU trade marks: why filing a European Union trade mark is strategic for your business
The European Union trade mark system was introduced on 1 April 1996 under the name Community trade mark, before being renamed the European Union trade mark in 2016.
Since then, it has been a considerable success, with more than 3.2 million applications filed with the European Union Intellectual Property Office (EUIPO), providing unified protection across the 27 Member States and a market of more than 450 million consumers.
It is also particularly popular with international applicants, especially from the United States (more than 427,000 applications) and China (more than 230,000 applications), which underlines its global appeal.
But why file a European Union trade mark? Beyond its longevity, it is a strategic tool for securing and enhancing the value of your distinctive signs across a single market. The European Union trade mark is governed by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 (the “EUTMR”).
The advantages of a European Union trade mark
Protection throughout the EU: the European Union trade mark confers a single right covering all 27 Member States. A single filing is therefore enough for full protection, avoiding multiple national procedures.
A centralised and simplified procedure: applications are filed online with the EUIPO, with a single examination and harmonised opposition procedures, which reduces costs and simplifies legal management.
A clear and competitive cost: the basic fee for an online application is EUR 850, covering one class of goods and services, plus EUR 50 for the second class and EUR 150 for the third and each additional class.
Broader value for an intangible asset: the trade mark is an economic asset in its own right, which can be licensed, assigned or exploited to strengthen your company’s reputation.
Points to watch for applicants
Genuine use: the trade mark must be put to genuine use in the European Union, failing which it may be revoked after five years (Art. 58(1) EUTMR).
Clearance searches: these must be carried out across the whole of the European Union in order to avoid conflicts with existing rights.
Oppositions and disputes: owing to its unitary nature, a conflict in a single Member State can jeopardise the validity of the trade mark throughout the European Union. A rigorous filing strategy and thorough searches are therefore essential.
Thirty years after its introduction, the European Union trade mark remains an essential tool for securing and enhancing the value of your distinctive signs across a single market. Its broad coverage, centralised procedure and economic potential make it a strategic instrument for all businesses, from SMEs and start-ups to large groups.
Sources
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark
EU trade mark system marks 30 years with more than 3.2 million applications filed
To go further, through our expertise we help you define filing strategies tailored to your objectives, and prevent and manage disputes relating to the exploitation of your trade marks.