EU Trademark Application: A US Company Guide

If your US brand is moving into Europe, an EU trademark application is usually the first protective step. A single application at the European Union Intellectual Property Office (EUIPO) gives you a trademark covering all 27 EU member states — far more efficient than 27 separate national filings.

An EU trademark (EUTM) is unitary: it stands or falls as a single right. That makes it powerful for brand owners launching across the EU, but it also means a successful opposition in one country can sink the entire application. Clearance before filing matters more than many US applicants expect.

Filing is done online at the EUIPO. The official fee starts at €850 for one class of goods or services, €50 for the second class, and €150 for each additional class. Most US brands file in two to three classes, so plan for €1,050–€1,200 in official fees plus attorney costs.

Classes follow the Nice Classification — the same 45-class system used by the USPTO. Your US specification is a starting point, but EU practice expects narrower, more specific wording. Broad US-style identifications like 'computer software' often draw objections; class headings alone no longer cover everything in the class.

Timeline is usually four to six months from filing to registration if no one opposes. EUIPO examines on absolute grounds (descriptiveness, distinctiveness) but does NOT refuse on prior rights — that is left to third parties through opposition. Your mark publishes for a three-month opposition window after examination clears.

Opposition is the real risk. Owners of earlier EU or national trademarks can challenge your application during that three-month window. A clearance search across EUTMs, national registers and common-law rights in key markets before filing is how you avoid spending months on an application that collapses at opposition.

US applicants often ask whether to file directly at the EUIPO or to extend through the Madrid Protocol designating the EU. Madrid is convenient if you already have a US base registration and want to add multiple jurisdictions in one filing. Direct EUIPO filing gives you more flexibility on the specification and avoids dependence on the US base for the first five years.

A few practical points often missed: the EU is first-to-file with limited unregistered protection, so delaying until launch creates risk; the UK is no longer covered by an EUTM and needs a separate UK filing; and a US representative cannot file directly — you need a representative based in the EEA once any objection or opposition arises.

The key takeaway is that an EU trademark application is straightforward when prepared well and painful when rushed. Clearance, careful class drafting and timing before any public announcement protect both the registration and the brand investment behind it.

¹ For direct EU filing support across all member states, see Bauer IP — European Patent & Trademark Law Firm.