EUTM

The European Union Trade Mark (EUTM) is a unitary trademark right that provides protection for a mark across all current European Union member states through a single registration with the European Union Intellectual Property Office (EUIPO). It was introduced to replace the former Community Trademark system under Regulation (EU) 2015/2424 and began operating in 2016. An EUTM covers the entire EU, meaning that a single registration can deter use of the same or confusingly similar marks for identical or related goods or services in multiple member states. Following Brexit, an EUTM no longer applies in the United Kingdom.

An EUTM is obtained by filing an online application with the EUIPO, designating goods and services according to the Nice Classification. Fees are due at filing. The application undergoes examination for absolute grounds of refusal (such as lack of distinctiveness, descriptiveness, or genericness) and, once published, is open to opposition by third parties within a three-month window. If there are no oppositions or if outcomes are resolved, the mark is registered.

EUTMs have a 10-year term from the filing date and are renewable for further 10-year periods indefinitely. They may be cancelled for non-use after five years if the mark has not been genuinely used in the EU. Rights conferred by an EUTM include exclusive use of the mark for the registered goods and services in all EU member states, along with the ability to license, assign, or apply for enforcement in national courts or through EUIPO proceedings (such as invalidity or cancellation actions).

In practice, EUTMs offer centralized protection and simplified management within the EU, while requiring ongoing use and vigilance against conflicts with earlier rights.