Brand Registration in Europe: Features and Requirements

When expanding a business in Europe, protecting your brand through proper registration is essential. However, many companies face a critical choice: whether to register their brand at the national level (in a specific country) or at the European level via the European Union Intellectual Property Office (EUIPO). Understanding the key differences between these systems helps businesses make an informed decision and build a solid legal foundation.

National trademark registration only protects your brand in one specific EU country. In contrast, EUIPO registration provides unified protection across all 27 EU member states with a single application. This article outlines the features of the EU system, brand requirements, and practical advice for businesses seeking to register a brand in Europe.

Features of the European Trademark System

What Is the EUIPO?

The European Union Intellectual Property Office (EUIPO), based in Alicante, Spain, is responsible for managing trademarks and designs valid throughout the EU. It offers an accessible, cost-effective process that allows brand owners to secure wide-ranging rights with one application.

Key Advantages of EUIPO Registration

H4: EU-Wide Protection

Once your brand is registered with EUIPO, it is automatically protected in all EU member states. You don’t need to apply separately in each country.

H4: Cost Efficiency

A single application covers the entire EU, saving time and money compared to filing in each country individually. The base application fee is €850 for one class, €50 for a second class, and €150 per class beyond that.

H4: Centralized Management

All changes, renewals, oppositions, and updates can be managed through a single online portal.

Limitations and Considerations

• If your trademark is challenged in one member state (e.g., for similarity or descriptiveness), it may affect your entire brand registration in Europe.

• EUIPO trademarks do not apply to countries outside the EU (like the UK post-Brexit, Switzerland, Norway).

Requirements for Brand Registration

What Can Be Registered?

Under EUIPO rules, a brand can include:

• Word marks: Names, slogans (e.g., “GreenSoft”)

• Figurative marks: Logos, stylized names

• Shape, color, sound, and multimedia marks

However, not every name or logo qualifies for protection.

Legal Criteria for Registration

H4: Distinctiveness

Your brand must be capable of distinguishing your goods or services from others. Descriptive or generic terms (e.g., “Best Milk” for dairy products) are likely to be rejected.

H4: Non-Conflict with Existing Marks

Brands must not be identical or confusingly similar to existing EU trademarks. Pre-filing checks are essential.

H4: Lawfulness and Acceptability

Brands that include offensive symbols, flags, or violate public order will not be registered.

Goods and Services Classification

Each brand must be associated with specific goods and services under the Nice Classification system:

• Class 9: Software, electronic devices

• Class 25: Clothing, footwear

• Class 35: Advertising, business consulting

• Businesses must select appropriate classes to ensure full legal protection.

Practical Tips for Businesses

Step 1: Conduct a Pre-Registration Search

Use tools like TM view and EUIPO eSearch to confirm that your chosen brand name or logo is not already registered or too similar to an existing one.

Step 2: Prepare Required Documents

You will need:

• Applicant information (company or individual)

• Brand name and/or image

• List of goods and services with class numbers

• Preferred languages for correspondence

• Power of attorney (if filing through a representative)

Step 3: Use the EUIPO Online Portal

Filing is done through the EUIPO website. The platform is available in multiple languages and allows:

• Drafting and submitting applications

• Paying fees online

• Tracking application status

Step 4: Consider Legal Assistance

Even though EUIPO offers a user-friendly platform, trademark specialists can help:

• Identify classification issues

• Avoid costly errors

• Respond to oppositions or objections

Conclusion

Registering a brand in Europe through the EUIPO is a strategic move for businesses seeking unified protection across the EU. Compared to national filings, it offers broader coverage, cost savings, and centralized management.

To ensure success, it is crucial to conduct a thorough trademark search, select the correct classifications, and prepare all documentation in advance. Whenever possible, consult with professionals to avoid delays or rejections. Taking the right steps today helps safeguard your brand’s reputation and legal security across the European market.