A European Union Trade Mark can be an efficient way to seek trademark protection across the EU through a single application.
But an EU trademark is not simply a “European version” of a national trademark.
The filing strategy should reflect where the business operates, the strength of the proposed brand, existing rights and the risk of an objection or opposition.
What is an EU trade mark?
An EU trade mark, commonly called an EUTM, provides protection throughout the European Union when registered.
EUIPO explains that businesses operating in multiple EU countries may consider an EU trade mark, while businesses operating only in one country may sometimes prefer national protection.
This makes the territorial decision important.
One application, broad territorial coverage
One of the main advantages of an EUTM is administrative efficiency.
Instead of filing separate national applications in every EU member state, an applicant can seek EU-wide protection through EUIPO.
However, there is an important consequence.
The EU trade mark system is effectively a unitary right. A problem in one part of the EU can have consequences for the application as a whole.
This is why a professional pre-filing search is particularly valuable.
Step 1: Search the trademark
Before filing, search for:
- identical trademarks;
- similar trademarks;
- relevant goods and services;
- earlier EU trade marks;
- national trademarks;
- pending applications;
- business use; and
- potentially relevant earlier rights.
A European search should not stop at the exact word.
Phonetic and conceptual similarity can also matter.
Step 2: Select the correct classes
The EU uses the Nice Classification.
Your application should identify the goods and services you genuinely intend to protect.
Adding unnecessary classes increases cost and may create unnecessary exposure to objections.
At the same time, filing too narrowly may leave commercially important activities outside the protection.
The objective is not to select the maximum number of classes.
The objective is to create a commercially useful specification.
EU Legal Support
MBS International Legal collaborates with EU-licensed IP attorneys who assist with official EUIPO trademark filings and jurisdiction-specific procedures. This allows us to provide coordinated professional support to clients seeking trademark protection in the European Union.
EU trademark fees in 2026
EUIPO currently lists the basic online fee for one class at €850.
The second class costs €50, while each class from the third onward costs €150.
The registration lasts ten years and can be renewed for further ten-year periods.
Professional fees are separate from EUIPO fees.
Examination by EUIPO
EUIPO examines applications against applicable requirements.
An application may encounter issues involving:
- distinctive character;
- descriptive wording;
- prohibited signs;
- classification;
- formal requirements; or
- other absolute grounds.
This is different from a simple comparison with an earlier trademark.
Businesses should therefore consider both:
Can the mark be registered?
and
Could someone with an earlier right challenge it?
Opposition is a major part of the process
EUIPO provides a three-month opposition period following publication of the application.
An earlier rights holder can oppose if they believe there is a conflict.
The official opposition fee is currently €320.
An opposition can significantly change the cost and timetable of an application.
This is another reason not to treat the application fee as the complete trademark budget.
What if only one EU country creates a problem?
This is one of the most important strategic questions.
Because the EUTM is unitary, a problem affecting the mark in one part of the EU can potentially affect the broader application.
EUIPO explains that, in appropriate circumstances, an applicant may be able to convert an EU application into national applications while preserving the original priority date.
Conversion is not an automatic solution and should be evaluated carefully.
EU trademark versus national trademark
An EUTM may be attractive when:
- the business operates in multiple EU countries;
- expansion across Europe is planned;
- one central application is commercially efficient; or
- a broad EU brand strategy is required.
A national trademark may make more sense where:
- the business operates only in one country;
- the brand has a known conflict elsewhere in the EU;
- the budget is limited; or
- the commercial strategy is country-specific.
There is no universal answer.
Common EU trademark mistakes
Filing without clearance
A broad territorial right makes early searching even more important.
Treating class numbers as the entire analysis
The actual goods and services matter.
Assuming EU registration covers the UK
It does not. UK trademark protection is separate.
Ignoring opposition
An application can face an earlier-right opposition after publication.
Filing too many classes
More protection is not automatically better protection if the specification does not reflect genuine business activity.
Frequently Asked Questions
How much does an EU trademark cost in 2026?
EUIPO’s basic online fee is €850 for one class, €50 for the second and €150 for each class from the third onward.
Does an EU trademark cover the UK?
No. UK trademark protection is separate.
How long does an EU trademark last?
An EU trademark is valid for ten years and can be renewed indefinitely in further ten-year periods.
Can someone oppose an EU trademark?
Yes. The opposition period is generally three months after publication.
Final takeaway
EU trademark registration can be an efficient way to protect a brand across the European Union, but its unitary nature makes pre-filing strategy particularly important.
MBS International Legal assists international businesses with EU trademark searches, classification, filing strategy and coordination of cross-border IP matters.
General information only. This article does not constitute legal advice for a particular matter.
Official sources: EUIPO trade mark fees, filing, territorial protection and opposition guidance.