Filing an EU Trade Mark for US Companies: Procedure, Fees, Timeline and Documents — Your Questions Answered

For a US company expanding into the European Union, a US trademark registration does not extend protection to the EU. These nine answers explain how to secure an EU trade mark, coordinate it with your USPTO application or registration, and plan the documents, costs and deadlines before instructing a European Trade Mark Attorney.

1. Procedure — the complete EUIPO filing process, step by step. An EU trade mark (EUTM) is a single registration covering all 27 EU member states, filed directly with the European Union Intellectual Property Office (EUIPO) in Alicante. The steps are: (1) clearance search and classification of goods and services into Nice classes; (2) preparation of the application — applicant details, mark representation, class list, any priority or seniority claims; (3) electronic filing and payment of the official fee; (4) formality examination and classification check by EUIPO, usually within a few weeks; (5) absolute-grounds examination — EUIPO checks whether the mark is distinctive and not descriptive or deceptive; (6) publication in the EU Trade Marks Bulletin, which opens a three-month opposition period for earlier-rights holders; (7) if no opposition is filed, registration and issue of the electronic certificate. Note the terminology: EUIPO is the office, the EUTM is the right — and it has nothing to do with the EPO, which handles patents.

2. Fees — official and professional, per mark and per class. The official EUIPO fee is €850 for one class, €50 for the second class and €150 for each class from the third, all paid once at filing — there are no official registration or grant fees afterwards. Our professional fee for preparing and filing the application, handling the formality and classification stage and routine correspondence through to registration is a fixed €500 per mark, regardless of the number of classes. A three-class mark therefore costs €850 + €50 + €150 = €1,050 official plus €500 professional — €1,550 in total, all-inclusive to registration if no objections or oppositions arise.

3. Clearance search — do we recommend one, and what does it cost? Yes. EUIPO does not refuse marks because of earlier conflicting rights — it only examines absolute grounds. Earlier-rights holders must act themselves, by opposition within three months of publication or by cancellation afterwards. Filing blind therefore carries a real risk: an opposition after launch costs far more than a search before filing. A basic clearance search of the EUIPO register and the national EU registers for identical and near-identical word marks starts at €400 per mark; figurative-element searches, common-law searches or full availability opinions are quoted separately. For a brand that will support a product launch, packaging and marketing spend, the search is the cheapest insurance in the whole process.

4. Timeline — from filing to registration, including opposition. In a smooth case, EUIPO examines and publishes the application within roughly 2–4 months of filing; fast-track applications can be published sooner. Publication opens the three-month opposition period, which cannot be shortened. If no opposition is filed, registration follows within days of the period closing — so the realistic best case is about 5–7 months from filing to registration. If EUIPO raises an absolute-grounds objection, add roughly 2–6 months depending on complexity. If an opposition is filed, the contested mark can take 12–24 months or longer to resolve; the opposition only blocks the opposed goods and services, not necessarily the whole application.

5. Documents — what we need from a US applicant. Provide: (a) the applicant's full legal name, address and legal form, with ownership consistent with any US filing used for priority; (b) the word mark or a clear logo image; (c) the goods and services, which we adapt to EUIPO classification requirements rather than simply copying USPTO wording; (d) the filing date, application number and relevant application documents if claiming US priority; and (e) a signed Power of Attorney if requested — we provide the form, without routine notarization or legalization. A US registration is not required for a direct EUTM filing or for priority based on a qualifying US application. Unlike a US use-based application, a direct EUTM application does not require a specimen of use or a declaration of use at filing. No company extracts, apostilles or originals are ordinarily required for a standard filing.

6. Your US application or registration — priority claim or Madrid Protocol? A USPTO registration protects your mark in the United States, not in the EU. For a Paris Convention priority claim, file the EUTM within six months of the first qualifying US application, for the same mark and goods or services covered by that earlier application. Registration in the US need not have been granted: the earlier application is the basis for priority. After the six-month window, a direct EUTM can still be filed, but normally takes its own filing date. Alternatively, eligible US applicants can file a Madrid Protocol international application through the USPTO, based on a US application or registration, and designate the EU. The international goods and services cannot exceed the US basic application's or registration's scope. For the first five years from international registration, the international registration depends on that US basic mark; refusal, withdrawal or cancellation affecting the basic mark can also affect the EU designation. Madrid involves USPTO, WIPO and EU designation fees, so it is not automatically cheaper than direct filing. A direct EUTM requires no US basic mark and can suit an EU-focused expansion; Madrid may suit a coordinated multi-country program. We compare the routes against your US filing status, desired coverage and target markets.

7. Objections and oppositions — how we handle them and what they cost. Two distinct events. An examination objection (absolute grounds — EUIPO considers the mark descriptive or non-distinctive) is answered with legal argument and, where useful, evidence of acquired distinctiveness; a formalities-only reply starts at €250, a substantive distinctiveness response is quoted after reviewing the objection. An opposition is a dispute with an earlier-rights holder: it starts with a two-month cooling-off period that can be extended to negotiate a coexistence agreement — many oppositions end there at modest cost. If it proceeds to substantiation, our substantive work starts at €1,000, with the final scope quoted after reviewing the notice of opposition; the opponent's official fee is €320. You receive the notice with a deadline analysis and options — negotiate, limit the goods, or defend — before any cost is incurred.

8. Post-registration — renewal, watch services, ongoing fees. An EUTM lasts 10 years from the filing date and renews indefinitely in 10-year periods: official renewal fee €850 for one class (€50 second, €150 each further class), our fixed handling fee €300. There are no annual official fees and no mandatory declarations of use — but note that after five years an unused mark becomes vulnerable to revocation for non-use, so keep evidence of genuine use in the EU. An optional watch service (from €300 per year per mark) monitors new EUIPO applications and alerts you to conflicting filings in time to oppose within the three-month window. We docket the renewal deadline automatically and remind you well in advance — no monitoring or docketing charges.

9. Payment terms. We work on a fixed-fee, advance-payment basis: the agreed fee (official plus professional) is invoiced before filing and the application is filed on receipt of payment — this is standard for EUIPO work and means no surprise invoices later. Invoices are issued in EUR; payment by bank transfer (SEPA or SWIFT) or card. Post-registration matters such as oppositions are quoted and agreed separately before work starts, never billed retroactively.

If you are a US company planning to protect a brand in the EU, send the mark, the goods or services, your target launch date, and your USPTO application or registration number and filing date if available to docket@bauerip.com. We will assess the priority deadline, suitable filing route and EU classification, and provide a proposal and filing timeline within one business day. The procedure is also explained in the EU trade mark application hub and the EU trade mark search and registration guide for US companies.