EUIPO
EU Trade Mark (EUIPO) — Unitary Protection Across 27 EU Countries
One application. One examination. One registration. Protect your brand across the entire European Union with a strategic filing that balances distinctiveness, risk and long-term enforceability.
Why an EU Trade Mark
The EUIPO route delivers EU-wide protection in a single right. Below is what matters most for strategy, timelines, and budgeting—presented plainly so you can decide with confidence.
Unitary Right
One filing covers all 27 EU Member States. Central management of renewals, recordals and enforcement planning.
Transparent Fees
Typical application fees: €850 (1st class) · +€50 (2nd) · +€150 per class from the 3rd. Renewal follows the same bands.
Opposition Window
After publication there is a 3-month opposition period. We use cooling-off efficiently to seek settlements where viable.
Fast Track Option
Faster publication when goods/services come from the Harmonised Database and formalities are in order — no extra fee.
Priority & Seniority
Paris priority (6 months) and seniority from earlier national marks to consolidate portfolios and reduce renewal costs.
Madrid vs Direct
Direct EUIPO filing for speed and clarity — or designate the EU via WIPO to align with multi-country expansion plans.
What We Prepare Before & During Filing
Strong outcomes are decided early: clearance, classification, distinctiveness arguments and contingency routes.
Clearance & Classification
- Knock-out screening with EUIPO/eSearch & TMview indicators
- Goods/services tailored via TMclass (HDB terms) for Fast Track
- Distinctiveness check (descriptive/geographic pitfalls)
- Spec language that reduces conflicts while preserving scope
Dispute Flow & Settlements
- 3-month opposition window after publication
- Cooling-off: 2 months, extendable by mutual request (up to 24 months)
- Proof-of-use requests against earlier marks & evidence rounds
- Negotiation playbook: limitations, coexistence, partial surrender
Conversion, Priority, Seniority
- Conversion to national filings if the unitary route is blocked
- Paris priority (6 months) from earlier filing where available
- Claim seniority to consolidate legacy national rights
- Renewal calendar & monitoring for conflicts post-registration
EUIPO Route to Registration
A clear, staged path from idea to enforceable right — with options at each decision point.
Pre-Filing Strategy
Clearance, risk-mapping, distinctiveness analysis and goods/services architecture aligned to business plans.
Drafting the Spec
Precision in Nice classification: tight enough to reduce conflicts, broad enough to support growth and licensing.
e-Filing & Examination
Formalities & absolute grounds check. Fast Track where applicable to accelerate publication.
Publication & Opposition
3-month window. Cooling-off for settlement; otherwise evidence rounds and submissions continue.
Decision & Registration
If unopposed or successful on the merits, the EUTM is registered as a unitary right across the EU.
After Registration
Genuine use within 5 years, monitoring, recordals, licensing/franchising, and enforcement strategy.
EUIPO vs Cyprus National Filing →
Choose the route that fits your footprint, risk profile and budget.
EUIPO (EUTM)
- EU-wide protection in a single right
- Efficient for multi-market launches
- One opposition can affect the whole mark
- Conversion available to salvage unaffected states
Cyprus National Filing →
- Focused protection where you operate most
- Lower exposure if conflict exists elsewhere
- Useful as a stepping-stone to EUIPO/Madrid
- Local enforcement & cost control per jurisdiction
Frequently Asked Questions
Straight answers about timing, scope and strategy.
How long does an EU trade mark typically take?
With Fast Track and no oppositions, publication can be relatively quick. If opposed, timing depends on cooling-off and evidence rounds.
What happens if my application is opposed?
We try settlement during cooling-off (limitations/coexistence). If not, we proceed with submissions and may request proof-of-use against older marks over 5 years.
Can I convert to national applications if the EUTM fails?
Yes — conversion can keep momentum in unaffected countries. Deadlines and office fees apply per country.
What is the genuine-use rule after registration?
You should put the mark to genuine use within 5 years to guard against revocation for non-use.
Can I claim priority from an earlier filing?
Yes. You can claim Paris priority within 6 months of your first filing in a member country of the Paris Convention/WTO.
EUIPO filing or Cyprus first?
If you target multiple EU markets soon, EUIPO is efficient. If you validate the brand locally first or expect conflicts in other states, a Cyprus filing can be a prudent first step.
Case Study: Strategic Defence Against Bad Faith Filing
Reviving an abandoned application while challenging opportunistic EUIPO registration through multi-ground opposition.
The Challenge
A digital platform operator had filed national trademark applications but, due to internal negligence, allowed them to remain dormant for two years. During this period, a third party with no legitimate commercial activity filed an identical EUTM application. The third party’s corporate structure revealed a network of shell entities with documented court histories of fraudulent asset transfers and offshore arrangements. My mandate was to assess the legal exposure and devise a strategy to both revive the client’s abandoned rights and neutralize the opportunistic EUIPO filing.
Legal Architecture
I constructed a multi-ground opposition framework invoking Article 59(1)(b) for bad faith and Article 60(1)(a) for earlier rights. The bad faith argument was supported by forensic evidence from published court judgments documenting the opponent’s pattern of fraudulent corporate arrangements, while the earlier rights claim was anchored in continuous use since 2006, including domain registration and substantial marketing expenditure.
Evidentiary Strategy
I compiled quantitative proof of established reputation: analytics data showing exponential growth from 469.463 pageviews in 2008 to 183.451.395 in 2018, alongside documented advertising spend of € 17.951,43 on digital platforms alone. The linguistic analysis traced the mark’s etymology through regional language patterns to demonstrate both distinctiveness and market recognition, without revealing the specific terminology involved.
Procedural Execution
Beyond the opposition filing, I initiated an internal appeal challenging the EUIPO’s preliminary acceptance of the contested mark. The appeal highlighted deficiencies in the Office’s search procedures under Directive 2015/2436, arguing that available national databases would have revealed the earlier rights. The combined procedural pressure created leverage across multiple administrative fronts, demonstrating the consequences of neglecting proactive trademark portfolio management.
This matter illustrates how dormant trademark applications create windows for bad faith filings, and how a properly constructed multi-ground opposition supported by forensic corporate investigation and quantitative brand evidence can address such opportunistic behaviour through EUIPO’s administrative remedies.
Ready to Secure EU-Wide Protection?
I’ll structure your EUIPO filing, map risks and manage oppositions where needed. Get a realistic plan, a clear budget, and a timeline that matches your launch.
Prefer email/call first?
Law Office of Panayotis Yannakas
37 Annis Komninis, 6th Office (2nd Floor), Nicosia, PC 1061, Cyprus
Phone: +357.22035352 Email: panayotis@yannakas.me