European Union Trademark

A European Union Trademark (EUTM) is a single registration which conveys trademark protection in all countries of the European Union according to the European Union Trademark Regulation.

The registration process of a EUTM is administered centrally by the European Union Intellectual Property Office (EUIPO) in Alicante, Spain.

The costs for filing a EUTM application are much less than the cost for filing separate national applications in all EU member states. That is one of the reasons why EUTMs are extremely popular: every year, more than 100,000 EUTM applications are filed – with an upward tendency.

However, it has to be taken into account that owners of earlier conflicting national trademarks (or other prior rights) in all EU member states have the right to oppose the EUTM application or file a cancellation action against a registered EUTM.

When a EUTM is cancelled – for example, due to a conflicting prior right – it can be converted into a national trademark in Austria and other countries of the EU.

Similar to national trademarks, EUTMs have an initial duration of 10 years and can be renewed every 10 years by payment of a fee. However, if a EUTM is not commercially used for the claimed goods and services for a period of 5 years, it can be revoked upon request of any third party.

© 2019 Puchberger & Partner Patentanwälte |