Trademark Registration in the EU from India
European Union Intellectual Property Office · EU Trade Mark Regulation · Direct or Madrid designation
An EU trade mark (EUTM) is one registration from the European Union Intellectual Property Office (EUIPO) in Alicante that covers all 27 EU member states. Indian businesses can file directly or designate the EU in a Madrid application; an unopposed EUTM usually registers about four to six months after filing.
- Reviewed by
- Advocate, intellectual property
- Last updated
- Source
- EUIPO: Trade marks
- 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.
- 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?
A straightforward EUTM application, with no objection and no opposition, usually registers in four to six months.
| Stage | What happens | Typical timing |
|---|---|---|
| Filing | Online application with EUIPO, or Madrid designation notified by WIPO | Day 0 |
| Examination | Classification, formalities and absolute grounds | Weeks to a few months |
| Publication | EU Trade Marks Bulletin | After acceptance |
| Opposition period | Owners of earlier rights may oppose | 3 months from publication |
| Cooling-off (if opposed) | Time to negotiate before the opposition proceeds | Two months, extendable |
| Registration | Registration certificate issued if unopposed | About 4–6 months from filing |
| Renewal | Every ten years from the filing date | 10 years |
EUIPO publishes current processing times on its trade marks pages.
What do you need for an EU trade mark application?
Application details
- Applicant name, address and legal form
- The mark: word, figurative (logo) or other type, with a clear image
- Goods and services by class, ideally from EUIPO’s harmonised database
- First and second language of the proceedings (one must be an EUIPO language)
- Indian priority details if filed within six months of the Indian application
For representation and later steps
- Authorisation for the EEA representative, where EUIPO asks for one
- A signed general instruction for responses to objections and oppositions
- Evidence of use if a mark older than five years is opposed or challenged
Check the mark in every EU language
EUIPO refuses a word that is descriptive or non-distinctive to consumers in any part of the EU, in any of its 24 official languages. A brand name that means nothing in English can describe the product in Polish, Greek or Finnish. Our clearance note covers meanings in the main EU languages before you commit to the EUTM route.
Questions about EU trade marks from India
Does an EU trade mark cover the UK, Switzerland or Norway?
No. The EUTM covers the 27 EU member states only. The UK, Switzerland and Norway each need a separate national filing or a Madrid designation.
Do I have to use the mark in every EU country?
No. Genuine use in the EU as a whole is required within five years of registration, and use in one member state can be enough depending on the market and the goods. A mark not used for five years can be revoked.
Can I file in French or Hindi?
The application can be filed in any official EU language, but a second language from EUIPO’s five languages (English, French, German, Italian, Spanish) must be named. Hindi is not an option; most Indian applicants file in English.
What happens if one country objects?
A valid objection that applies in part of the EU blocks the whole EUTM. You can then convert the application into national applications in the member states where the objection does not apply, keeping the original filing date.
How are EUIPO fees charged?
EUIPO charges a basic fee that covers the first class, with additional fees for the second class and for each class from the third. See the official fees page; we confirm amounts before filing.
Is Madrid or a direct EUTM better for an Indian company?
If the EU is one of several Madrid countries and your Indian base mark is secure, Madrid is efficient. If the EU is the main market, or the Indian mark may be challenged, a direct EUTM keeps the European right independent.