For US Brands · EUIPO & National
EU Trade Mark Counsel for US Brands.
Protect your brand in Europe before franchise, licensing or distribution expansion creates risk.
Who this page is for
US companies entering Europe.
This page is for US companies entering Europe through direct sales, franchising, licensing, distribution or brand partnerships — where the brand itself is the asset under expansion.
What's at stake
Business risks, not legal abstractions.
- 01Your brand may already be blocked in part of Europe.
- 02Your US filing does not protect you in the EU.
- 03Franchise or licensing expansion can expose weak class coverage.
- 04Distributor relationships can create trade mark control issues.
- 05Opposition risk may delay launch.
Services
What I do for trade mark clients.
- —EU trade mark filing strategy
- —EUTM applications
- —Clearance and risk review
- —Oppositions and cancellations
- —Coexistence agreements
- —Trade mark support for franchise, licensing and distribution structures
EU trademark application
How to file an EU trade mark: step by step.
One application at the EUIPO covers all 27 EU member states. This is the sequence a US brand goes through, and where things usually go wrong.
- 01
Clearance search before you commit
Search EUTMs, national registers and unregistered rights in your key markets. The EUIPO does not refuse your application over earlier marks — third parties do, through opposition — so conflicts must be found before filing, not after.
- 02
Choose the route: direct EUTM or Madrid Protocol
A direct EUIPO filing gives you full control over the specification. Designating the EU through the Madrid Protocol is convenient if you already hold a US registration and want several territories at once, but it stays dependent on the US base mark for five years.
- 03
Draft the specification and pick Nice classes
EU practice expects narrower wording than a typical US identification. Class headings no longer cover everything in the class, and broad terms such as 'computer software' draw objections. Two to three classes is normal for a US brand entering Europe.
- 04
File online at the EUIPO
The application is filed electronically in one of the EU languages plus a second working language. A US applicant can file, but once an objection or opposition arises an EEA-based representative is mandatory.
- 05
Examination on absolute grounds
The EUIPO checks distinctiveness, descriptiveness and public-policy grounds, usually within one to two months. Objections come as a written refusal notice with a deadline to reply.
- 06
Publication and the three-month opposition window
Once examination clears, the mark publishes. Owners of earlier rights have three months to oppose. Most oppositions settle through a limitation of goods and services or a coexistence agreement.
- 07
Registration, then use and renewal
With no opposition, registration follows roughly four to six months after filing. The EUTM must be put to genuine use in the EU within five years or it becomes vulnerable to cancellation, and it renews every ten years.
Official EUIPO fees
What an EU trade mark actually costs.
Official fees only — attorney fees, clearance searches and opposition work are separate.
| Item | Official fee | Notes |
|---|---|---|
| EUTM application, first class | €850 | Online filing at the EUIPO |
| Second class | €50 | Added to the application fee |
| Each further class | €150 | Per class, from the third onwards |
| Typical US filing (3 classes) | €1,050 | Official fees only, before counsel |
| Opposition (filing an opposition) | €320 | Payable by the opponent |
| Renewal, first class (per 10 years) | €850 | Plus €50 / €150 per further class |
Fees are EUIPO official rates for online filing and can change. A US brand filing in three classes with clearance and prosecution typically budgets these official fees plus professional fees.
Timeline
From filing to registration.
Four to six months is normal when no one opposes. An opposition adds a year or more.
- Week 0Application filed and filing date secured
- Weeks 1–8Examination on absolute grounds; classification queries
- Month 2–3Publication of the application
- Months 3–6Three-month opposition window runs
- Months 4–6Registration issues if unopposed
- Year 5Genuine-use requirement bites; non-use cancellation risk
Common refusals
Why EU trade mark applications fail.
Most refusals and oppositions are predictable before filing.
Descriptive or non-distinctive marks
The most common absolute-grounds refusal. A mark that describes the goods, their quality or their purpose in any official EU language fails — including languages you never considered.
A meaning you did not check in another EU language
A word that is arbitrary in English can be descriptive or offensive in Spanish, Polish or Finnish. The EUIPO examines across all official languages.
Vague specifications and class headings
Terms like 'computer software' or a bare class heading draw a classification objection and delay the file. Precise wording avoids it.
Opposition by an earlier right
Not a refusal by the office, but the outcome that most often stops a US filing. A single earlier national right in one member state can defeat the whole unitary application.
Bad-faith and geographical-indication conflicts
Filings that clash with protected designations, or that follow a distributor relationship in a way that looks opportunistic, attract challenges.
Coming from the USPTO
What changes when a US brand files in Europe.
Six differences that decide whether an EU trade mark application succeeds or stalls.
An EUTM is a single, unitary right
It stands or falls as one registration across all 27 member states. That efficiency cuts both ways: one earlier national right in a single country can defeat the entire application, which is why clearance matters more than US applicants usually expect.
Europe is first-to-file, with little unregistered protection
There is no meaningful equivalent of US common-law rights or intent-to-use practice. Filing before any public launch announcement is the protection; use alone rarely is.
The examiner will not cite earlier marks against you
The EUIPO examines only absolute grounds — descriptiveness, distinctiveness, public policy. Conflicts with earlier rights are raised by their owners during the three-month opposition window, not by the office.
Nice classes are the same 45, the wording is not
Your US specification is a starting point only. EU practice expects narrower, more specific terms, and class headings no longer cover everything in the class. Two to three carefully drafted classes beat a copied US identification.
Direct EUIPO filing vs Madrid Protocol
Designating the EU through Madrid is convenient when you already hold a US registration and want several territories in one filing, but it remains dependent on the US base mark for five years. A direct EUTM filing avoids that dependency and gives full control over the specification.
The UK is separate, and you will need an EEA representative
An EUTM has not covered the United Kingdom since Brexit, so a UK application is a separate decision. And while a US applicant can file at the EUIPO, an EEA-based representative becomes mandatory as soon as an objection or opposition arises.
Go deeper
Related guides.
Why work with me
Direct, partner-level work — in English.
I am a European patent attorney and trade mark counsel with my own established practice. I work directly in English, advise foreign clients on European protection strategy, and combine legal precision with commercial awareness.
- — Direct partner-level work
- — Fast and practical advice in English
- — European filing and dispute experience
- — Useful for expansion-stage businesses, not only large corporations
How I typically help
Three situations I see most often.
01
US brand launching in the EU
Clearance, filing, class coverage and launch risk — handled before marketing commits.
02
Franchisor entering Europe
Trade mark protection, territorial structure, licensing support and control provisions for master franchise deals.
03
Brand facing conflict
Opposition, coexistence and negotiation strategy when someone challenges — or you need to challenge.
FAQ
Common questions.
- Do I need an EU trade mark or national filings?
- In most cases an EUTM gives you a single registration covering all EU member states. National filings make sense in specific situations — we look at your markets, conflict landscape and budget.
- Is my US registration enough in Europe?
- No. Trade mark rights are territorial. A US registration gives you no protection in the EU; you need an EUTM or national filings.
- What happens if someone opposes my EU filing?
- You have a window to respond, negotiate a coexistence, narrow your goods and services, or defend on the merits. Early opposition advice often avoids a fight.
- Should I file before signing a master franchise deal?
- Yes. Your trade mark is the asset the franchisee licenses. Filing before signing protects your control and your royalty stream.
- Can trade mark issues delay European launch?
- They can — through opposition, conflict with a prior right, or class-coverage gaps. Most of these are predictable with a clearance review.
- How much does an EU trademark application cost?
- Official EUIPO fees are €850 for the first class, €50 for the second and €150 for each further class — about €1,050 for a typical three-class US filing, before attorney fees.
- How long does EU trademark registration take?
- Roughly four to six months from filing to registration when nobody opposes: one to two months of examination, publication, then a three-month opposition window.
- Does an EU trademark cover the UK?
- No. Since Brexit an EUTM no longer covers the United Kingdom. A separate UK application is needed if the UK is a target market.
Expanding your brand into Europe?
Let’s discuss the trade mark issues before they become launch problems. When you write, please include your company, website, and what you’re planning in Europe.