Filing an Application for an European Union Trade Mark

The EUTM application fee includes one Class of goods or services. There is a charge for each additional Class after the first. There is no separate registration fee.

The EUTM covers 27 countries, which are the member states of the European Union. The forms that are sent to EU IPO identify your trade mark, the goods and/or services that you wish to protect and the name and address of the legal owner of the mark.

Priority

You can claim ‘priority’ from another application. This means that within a six month priority period from the date of filing of a first application for the same trade mark, one can claim the same date of filing as this first application.

Equally, if the EUTM is the first application filed for your mark, this can be used to obtain priority for subsequent applications within the priority period. This can be a very useful way to start with one application and slowly build up your portfolio, thereby spreading the cost of a registration programme.

Seniority

Also you can claim ‘seniority’ if you have a national registration(s) for the same mark, which shares the same goods and/or services. The effect of seniority when granted is that even if the national  registration ceases to exist (because it is not renewed or it is surrendered), the proprietor of an EUTM continues to have the same rights as if the national mark had continued to be registered. Claiming seniority therefore permits the consolidation of the same mark under an EUTM registration.

Outline of the Application Process:

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