(WIPO code: EM) (latest review December 2020)

by ELZABURU, Madrid, Spain

General Information

The Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14, 2017 on the European Union trademark* (hereinafter referred to as "EUTMR") establishes a regional trademark system under which it is possible to obtain a valid trademark for all the countries forming the European Union (EU), which after the exit of the United Kingdom, are 27 (see below "Remark on EU trademark law after Brexit"). At present, these countries are: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, and Sweden; (from May 1, 2004) Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia; (from January 1, 2007) Bulgaria and Romania; (from July 1, 2013) Croatia. The EUTM system also extends to the following territories which have special relationships with EU Member States: Åland Islands, Martinique, Guadeloupe (including St. Barthélemy and the French part of Saint-Martin), French Guiana, Réunion, Azores, Madeira, Ceuta and Melilla, and Canary Islands.

The main features of the EUTM follow from its unitary and autonomous character. The unitary character implies that the mark, unless otherwise provided, has equal effects throughout the European Union and may only be registered, transferred, surrendered, be the subject of a decision of revocation or of invalidity and its use prohibited, for the entire territory of the EU. The autonomous character of the EUTM has two aspects: (a) the EUTM is governed by the provisions of the EUTMR; (b) the EUTM does not replace either national trademarks or international trademarks, with the result that it remains possible to continue applying for those marks in the various States of the EU.

The Community Trade Mark Regulation (CTMR) came into force on March 15, 1994, but the Office for Harmonization in the Internal Market (OHIM) began to accept applications only as of April 1, 1996. After the EUTMR entered into force, the Office for Harmonization in the Internal Market changed its name to European Union Intellectual Property Office and the Community trademark (CTM) was renamed as European Union trademark (EUTM).

The EUIPO has its seat in the city of Alicante, Spain.

Remark on EU trademark law after Brexit: on January 29, 2020, the United Kingdom and the European Union ratified the Withdrawal Agreement. Accordingly, the United Kingdom left the European Union on January 31, 2020 and there is a transition period running from February 1, 2020 to December 31, 2020. During this period, all European Union legal texts on intellectual property matters will apply as usual. After the transition period, the United Kingdom Intellectual Property Office will convert EU trademarks and Community Registered Designs to comparable United Kingdom rights. These comparable trademarks and designs will maintain the same priority, seniority and filing date than the EU right. This conversion will be done automatically by the United Kingdom Intellectual Property Office and will be free of charge for right holders, who may opt-out of this system.
For any EUTM applications which are still pending at the point of the exit, there will be a nine-month period in which applicants will be able to re-file the application in the U.K., which will maintain the filing/priority date of the corresponding EUTM application. The same provision will apply under the WIPO Registration system.

* Text of the European Union Trade Mark Regulation, see: Convention part of Manual, under “Regional Conventions”, European Union Trade Mark Regulation.

 

EUTM filings by applicant’s home country

European Union Member States          
Country 2016 2017 2018 2019 2020
Austria 3,142 3,357 3,489 3,798 3,531
Belgium 2,293 3,604 2,588 2,662 2,604
Bulgaria 688 738 730 847 887
Croatia 163 179 169 237 218
Cyprus 682 714 666 811 804
Czech Republic 1,106 1,093 1,263 1,344 1,263
Denmark 1,916 2,224 2,209 2,196 1,892
Estonia 376 466 677 675 626
Finland 1,627 1,633 1,604 1,671 1,589
France 7,858 8,603 8,813 8,962 7,374
Germany 20,449 21,876 22,025 22,740 22,587
Greece 909 921 1,008 1,158 1,203
Hungary 577 670 653 756 747
Ireland 1,156 1,171 1,162 1,143 1,219
Italy 11,821 11,351 12,971 13,014 12,686
Latvia 163 212 216 283 275
Lithuania 315 399 429 569 566
Luxembourg 1,334 1,172 1,255 1,134 942
Malta 432 511 688 680 613
Netherlands 4,696 4,894 5,002 5,550 5,050
Poland 3,616 3,810 3,879 4,353 4,409
Portugal 1,517 1,808 1,868 1,907 1,685
Romania 732 855 887 1,061 1,406
Slovakia 448 423 449 474 456
Slovenia 353 393 385 489 479
Spain 9,815 10,082 10,380 10,716 9,396
Sweden 3,283 3,437 3,390 3,527 3,414
U.K. 11,649 11,125 11,249 11,132 10,084
           
Non-European Union Countries          
Country 2016 2017 2018 2019 2020
United States 15,475 16,689 17,400 18,109 15,658
Japan 2,324 2,733 2,747 3,128 2,642
Switzerland 3,732 4,246 4,253 4,466 3,912
Canada 1,204 1,292 1,563 1,624 1,227
Australia 1,217 1,525 1,519 1,496 1,346
China 7,980 12,193 13,469 15,237 24,817
Taiwan 608 656 664 716 719
Hong Kong 1,128 1,171 1,190 1,333 1,394
Republic of Korea 1,599 1,476 1,562 1,821 1,762

Summary 2016-2020          
  2016 2017 2018 2019 2020
Applications 135,378 146,440 152,485 160,381 158,564
Registrations 125,972 128,335 133,334 140,768 138,942

 

Source: European Union Intellectual Property Office (EUIPO)

Date: December 2020 (updated until December 2020)