A “European trade mark”, legally known as a European Union trade mark or EUTM, protects a sign across the 27 Member States through a single application. It can be chosen where a company already markets its products in one or more EU countries, or plans to expand there. That choice must be thought through in advance: the availability of the sign, the goods and services covered and the risk of opposition all have to be examined before filing.
A specialist in intellectual property, Cabinet Bouchara & Avocats assists companies with their trade mark filings in France, in the European Union and internationally.
Discover our trade mark law practice.
In brief
- A European Union trade mark covers the 27 EU Member States through a single title.
- It has a unitary character: one single mark protects the whole of the European Union, but an obstacle in a single Member State can jeopardise the filing across the entire EU. The holder retains the option of converting the application into national applications in the other countries, while keeping the original filing date.
- A prior rights search, an analysis of distinctiveness and the drafting of the specification must all be carried out before filing.
- Once the application is published, holders of earlier rights have three months to file an opposition before the EUIPO.
- Once the mark is registered, holders of earlier rights can still challenge it by bringing an invalidity action.
Which countries does a European Union trade mark cover?
A European Union trade mark is registered with the European Union Intellectual Property Office, the EUIPO. It produces the same effects in all 27 Member States of the European Union.
It protects France, Germany, Italy, Spain, the Netherlands, Belgium, Poland and the Nordic countries that are EU members, among others. The United Kingdom is no longer part of it and therefore requires a separate filing.
For a company present in several Member States, this single title avoids multiplying national applications.
That protection remains indivisible, however. Article 1(2) of Regulation (EU) 2017/1001 provides that a European Union trade mark has a unitary character and produces the same effects throughout the Union.
It is essential to make sure that no earlier rights exist across all the countries of the European Union, each assessed individually. The distinctiveness of the sign must also be verified throughout the territory, as the EUIPO is particularly demanding on that point.
Should you file a French trade mark or a European Union trade mark?
A French trade mark is appropriate where the protection sought remains mainly national. A European Union trade mark becomes particularly relevant where several EU markets are already being exploited or form part of the company’s foreseeable development.
| French trade mark | European Union trade mark | International trade mark | |
|---|---|---|---|
| Office | INPI | EUIPO | WIPO, then the offices of the designated territories |
| Territory | France, with an option for French Polynesia | 27 EU Member States | Expressly designated territories |
| Nature | National title | Unitary title | Centralised system of protection across several territories |
| Basic fee | €190 for 1 class | €850 for 1 class | Varies with the territories and classes designated |
| 2nd class | + €40 | + €50 | Variable |
| Further classes | + €40 per class | + €150 from the 3rd class | Variable |
| Term | 10 years, renewable indefinitely | 10 years, renewable indefinitely | 10 years, renewable indefinitely |
| Main benefit | Activity essentially French, with no intention of expanding outside the EU | Expansion across several EU markets | Expansion into the countries designated by the international mark |
| Territorial risk | Rights effective in France only | Rights existing at EU level and in each country assessed individually | Rights existing at EU level and in each country assessed individually |
Official fees checked in September 2026.
When should you choose a European Union trade mark?
The choice of a European Union trade mark arises above all where a company already trades in several EU countries, or plans to expand there shortly.
A company selling today in France, Belgium and Germany, for example, may have an interest in seeking protection common to those markets rather than multiplying national filings. Conversely, where the business remains concentrated in France and no European expansion is envisaged in the short or medium term, a French trade mark may suffice.
Cost also comes into play. A European Union trade mark is more expensive to file than a French one, but it offers protection in all 27 Member States. That advantage must be weighed against the legal risk: before filing, earlier rights capable of blocking registration must be searched for, including in countries where the company is not yet present.
It is always worth analysing the marks the company already owns. A French trade mark, several national titles or an international registration may change the value of a new European filing and lead to a different portfolio structure.
It is worth stressing that a European Union trade mark is a single title. It does not amount to 27 national marks gathered in one file. That feature makes it possible to obtain broad protection through a single procedure, but it also means that an obstacle encountered in one part of the Union can affect the application as a whole.
In practice, the choice therefore depends on the territory in which the company operates or intends to operate, its development plans, its existing trade mark portfolio and the risks identified before filing.
Vanessa Bouchara’s advice
“Before filing, you need to know where the company is heading: which markets, for which goods and services, and with what structure. A well-protected trade mark is first and foremost a mark that has been thought through in light of the company’s plans.”
Vanessa Bouchara, lawyer specialising in trade mark law and founder of Cabinet Bouchara & Avocats
What should be checked before filing a European trade mark with the EUIPO?
Before filing an EUTM, you need to check that the sign is available and distinctive, file in the name of the right owner, that is the entity in whose name the mark should legitimately be held, and define precisely the goods and services to be protected.
These choices are as much commercial as legal, and several of them become very difficult, if not impossible, to correct after filing.
Checking that the sign is available
A search in a trade mark database is a starting point, but it is not enough to determine whether a sign can be used without risk. It matters that the search be carried out by an intellectual property specialist.
A prior rights search consists in identifying the marks and other rights liable to conflict with the project, then assessing in legal terms the similarities between the signs, the activities concerned, the territories and the actual scope of the rights found.
The stakes are particularly high for a European Union trade mark: an earlier national mark protected in a single Member State may be relied on in an opposition against an EUTM application where the conditions of the regulation are met.
Examining distinctiveness across several languages
The sign filed must be distinctive and must not describe the goods or services concerned. An absolute ground for refusal may be upheld even where it exists in only part of the Union.
This matters: a term that seems perfectly distinctive in French may, in another language of the Union, directly describe the product or service concerned.
A recent decision illustrates the point: in April 2026, the General Court of the European Union confirmed that the sign “ROSE” was descriptive for certain goods in class 25, having regard in particular to how the term is perceived by the relevant public (General Court, 22 April 2026, Case T-56/25, Rose Bikes v EUIPO, “ROSE”).
Choosing the right owner from the outset
The application must identify its owner precisely: operating company, holding company or another entity of the group, depending on how the portfolio is organised.
A European Union trade mark may be held by a natural or a legal person. For a company, that choice is not a mere administrative formality. It can affect how the mark is exploited, licence agreements, assignments and the value of the portfolio.
Drafting the list of goods and services correctly
A trade mark protects a sign for specified goods and services. The Nice Classification has 45 classes, but drafting the specification is essential, since it is the goods and services designated that protect the company’s business, not the classes, which are regarded as purely administrative.
The specification must therefore cover the current business and its reasonably foreseeable development, which means giving real thought to the goods and services claimed. Once the application is filed, the specification can no longer be extended: it can still be limited, but adding new goods, services or classes requires a fresh filing.
A specification that is too narrow may leave part of the business unprotected. Conversely, one that is too broad multiplies the risk of conflict with earlier rights and may, in time, expose certain goods or services to revocation for non-use.
How do you file a European trade mark?
A European trade mark is filed with the EUIPO. The procedure comprises filing the application, examination by the Office, publication, a three-month opposition period and then, absent any obstacle, registration.
Before the application is sent, the sign must be precisely defined, the owner identified and the list of goods and services finalised. The EUIPO then examines the formal requirements as well as the absolute grounds for refusal, in particular the distinctiveness and descriptiveness of the sign.
The application may be filed in any official language admitted for the procedure. A second language must also be chosen from English, French, German, Italian and Spanish; that second language may play a role in any opposition or invalidity proceedings.
Once examination is completed, the application is published. It is that publication which starts the three-month period during which holders of earlier rights may file an opposition.
How much does a European trade mark cost and how long does the procedure take?
The official EUIPO fee currently stands at €850 for one class, €50 for the second and €150 for each class from the third onwards.
These amounts are the Office’s fees and do not include any professional fees for searches, advice, filing or handling an incident in the procedure.
| Number of classes | Official EUIPO filing fee |
|---|---|
| 1 class | €850 |
| 2 classes | €900 |
| 3 classes | €1,050 |
| Each further class | + €150 |
There is no guaranteed timeframe identical for every application. The procedure first involves examination by the EUIPO and then, after publication, an irreducible three-month opposition period.
Absent any objection or opposition, registration generally follows a few months later. An objection from the Office, or an opposition, can however extend that timetable considerably.
A distinction should therefore be drawn between the foreseeable cost of filing and the potential cost of an incident. An opposition, for instance, opens genuine inter partes proceedings requiring an analysis of the rights relied on, the signs, the goods and services and, where relevant, use of the earlier right. That inevitably takes time and delays registration.
What are the risks of refusal or opposition?
A European Union trade mark application may run into two types of difficulty: those relating to the sign itself, and those arising from earlier rights held by third parties.
Absolute grounds for refusal are examined by the EUIPO. A sign may be refused where it lacks distinctive character, describes the goods or services covered, or is customary or deceptive.
Earlier rights, for their part, may ground an opposition after publication. The owner of an earlier mark may oppose where it considers that the new filing infringes its rights, in particular because of a likelihood of confusion (articles 8 and 46 of Regulation (EU) 2017/1001).
Depending on the ground relied on and the goods or services concerned, the refusal or opposition may cover all or part of the application.
The owner of an earlier right has three months from publication of the application to file an opposition. The EUIPO indicates that around one EUTM application in five is opposed.
An opposition does not necessarily mean abandoning the filing. Depending on the circumstances, it may be possible to contest the arguments raised, to request proof of use of a sufficiently old earlier mark, to limit certain goods or services, or to seek a coexistence agreement.
That is precisely why the analysis must come before filing. Discovering a conflict after several months of commercial use generally leaves a company in a weaker position than identifying it during the preparation phase.
How do you manage and defend a European Union trade mark after registration?
Once registered, a mark still has to be used, monitored and renewed at each deadline in order to retain its legal effect.
An EUTM is registered for ten years and may be renewed indefinitely for further ten-year periods.
Its owner must also be able to demonstrate genuine use of the mark. The regulation provides that a mark not put to genuine use in the Union for a period of five years may become vulnerable to a revocation action, absent proper reasons. Revocation is not automatic and can only occur at the request of a third party.
Use must be effective product by product and service by service. Keeping dated evidence of use (commercial documents, campaigns, invoices, material relating to the territories concerned) is extremely important. In licence agreements, it is worth providing that the licensee must evidence use of the mark during the term, on the licensor’s first request.
Defending the portfolio also means running a watch on new filings, so as to identify quickly any application liable to infringe the company’s rights and, where necessary, to file an opposition.
Finally, a trade mark can be monetised through a licence or be the subject of an assignment. These operations must be aligned with the portfolio strategy, the territory granted and the goods or services concerned.
What is the lawyer’s role when filing a European trade mark?
Cabinet Bouchara & Avocats acts before filing to check that the sign is available and distinctive, to help choose the right scope of protection and to draft the list of goods and services.
Our lawyers also review the marks the company already owns and help it choose the owner of the new right. That analysis anticipates how the mark will be used by subsidiaries, distributors, franchisees or licensees.
If the EUIPO raises an objection or a third party files an opposition, the firm analyses the rights relied on, prepares the response and, where it makes sense, seeks a negotiated solution.
For your European trade mark filings, opposition proceedings and portfolio watch questions, our team is at your disposal.
FAQ
Can you file a European trade mark without first owning a French one?
You do not need to own a French trade mark beforehand in order to file a European Union trade mark directly with the EUIPO. Any natural or legal person may file an application, subject to the representation rules that apply in particular to applicants established outside the European Economic Area.
Can goods and services be added after filing?
No. After filing, the list of goods and services can no longer be extended. It can be limited, but adding new goods or services requires a fresh filing.
Can a European Union trade mark be converted into national marks?
In certain circumstances, yes. Where an EU trade mark application is refused, the regulation allows conversion, subject to conditions, into national applications in certain Member States. The national mark then keeps the date of the European Union trade mark.
What is the six-month priority period?
Where a first regular filing has been made in an eligible State, its owner may, subject to conditions, claim that date for a European Union trade mark application filed within the following six months, for the same sign and the goods or services concerned. That priority can be decisive where competing rights appear between the two filings.
Who should own the European trade mark?
Both natural and legal persons may own an EUTM. For a company or a group, the choice of the filing entity should nevertheless be anticipated in light of the intended use, licence agreements, the value of the portfolio and any future transactions.
Sources
- Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark: in particular articles 1, 7, 8, 18 and 46.
