GB Legal Associates
One EUIPO right for 27 member states

Trademark Registration in the EU from India

European Union Intellectual Property Office · EU Trade Mark Regulation · Direct or Madrid designation

Reviewed by
Advocate, intellectual property
Last updated
  • One specification for 27 markets. Drafted in EUIPO-accepted terms, so examination is quick.
  • Clearance across the EU. Searches of EU and national registers, because a national mark in one state can block the whole EUTM.
  • EEA representative coordinated. Needed for most steps after filing; we instruct and supervise them.

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Tell us the countries and the mark or invention. Written advice on the route within one working day.

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EUAt a glance
European Union trademark filing
Office
EUIPO, Alicante
Covers
27 EU member states
Routes
Direct EUTM or Madrid
Opposition period
3 months
Term
10 years, renewable

How does an Indian company protect a trademark across the EU?

With one EU trade mark. EUIPO examines a single application and grants a single right that has the same effect in every member state, from Ireland to Cyprus. Since 1 January 2021 the EU mark no longer extends to the United Kingdom, which needs its own UK filing.

There are three ways to reach the EU market:

  • A direct EUTM application filed online with EUIPO. A non-EU company may file the application itself, but it must be represented by a professional representative established in the European Economic Area for most later steps, so Indian applicants file through an EEA representative.
  • A Madrid designation of the EU, filed through the Trade Marks Registry in India with other countries. It follows the same EUIPO examination and opposition rules, and the five-year Madrid dependency on the Indian base mark applies.
  • National filings in individual member states, which suit a brand selling in only one or two EU countries, or a mark that is likely to be opposed in one state but not others.

The unitary character: one strength, one risk

Because the EUTM is unitary, a valid objection in any one member state can sink the whole application. A descriptive word in any official language, or an earlier national mark in a single country, is enough. That is why we search the EU and national registers before filing, not only EUIPO’s database. If an EUTM application is refused, it can usually be converted into national applications in the states where the objection does not apply, keeping the EU filing date.

Examination and opposition

EUIPO examines absolute grounds (distinctiveness, descriptiveness, deceptiveness) and classification. It does not refuse on the basis of earlier marks on its own initiative; it sends a search report, and owners of earlier rights may file an opposition within three months of publication. Many oppositions settle during the cooling-off period that EUIPO allows for negotiation.

How long does EU trade mark registration take?

How long does EU trade mark registration take?
StageWhat happensTypical timing
Filing
Examination
Publication
Opposition period
Cooling-off (if opposed)
Registration
Renewal

What do you need for an EU trade mark application?

Application details

For representation and later steps

Questions about EU trade marks from India

Does an EU trade mark cover the UK, Switzerland or Norway?
Do I have to use the mark in every EU country?
Can I file in French or Hindi?
What happens if one country objects?
How are EUIPO fees charged?
Is Madrid or a direct EUTM better for an Indian company?

Official sources

  1. 1.EUIPO: Trade marks
  2. 2.EUIPO: Fees and payments
  3. 3.WIPO: Madrid System
  4. 4.GOV.UK: EU trade mark protection and comparable UK trade marks
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