How long does EU trade mark registration take?
A straightforward EU trade mark application with no objections and no opposition often reaches registration in around four to five months from filing.¹ Objections or an opposition add time. Here is what happens at each stage.
1. Filing
The application is filed online with the EUIPO. It must identify the applicant, show the mark and list the goods and services. The filing date is secured once the application fee is paid within one month.²
If you filed the same mark elsewhere in the last six months, you can claim that earlier date as your priority date.³
2. Formal checks and classification
The EUIPO checks the formalities and the list of goods and services. Each term must be clear and precise enough for others to understand what is covered.⁴ If something is missing or unclear, the Office sets a time limit, usually two months, to fix it.⁵
3. Examination on absolute grounds
The EUIPO examines whether the mark can be registered at all. The most common objections are that the mark is descriptive of the goods or services, or has no distinctive character.⁶ The applicant can respond, amend or withdraw before any refusal.⁷
4. Publication
Once accepted, the application is published in the EU Trade Marks Bulletin.⁸ From this date, the applicant can claim reasonable compensation for acts that would infringe once the mark is registered.⁹
5. Three-month opposition period
Owners of earlier rights have three months from publication to oppose.¹⁰ This period cannot be shortened, which is why speed-focused filing options save only weeks. Third parties can also send observations on absolute grounds during this time.¹¹
6. Registration
If no opposition is filed, or any opposition is rejected or withdrawn, the mark is entered on the register and a certificate is issued.¹² Protection lasts ten years from the filing date and can be renewed indefinitely in ten-year periods.¹³
What slows things down
Objections to the list of goods and services.
An absolute-grounds objection and the response to it.
An opposition, which starts its own procedure, including a cooling-off period for negotiation.
How to keep it quick
Search before filing, to reduce the chance of opposition.
Use a precise, accurate specification that the EUIPO will accept first time.
Choose a distinctive mark rather than one that describes your product.
This article is general information, not legal advice. Planning a filing? Write to hello@lunelegal.com. See also our Areas of Practice.
Sources
Practitioner estimates for unopposed applications, e.g. Mathys & Squire, EU trade mark application timeline. Actual times vary.
Ibid., Art. 34(1)
Ibid., Art. 33(2)
Ibid., Art. 41(2)
Ibid., Art. 7(1)(b)–(c)
Ibid., Art. 42(2)
Ibid., Art. 44(1)
Ibid., Art. 11(2)
Ibid., Art. 46(1)
Ibid., Art. 45
Ibid., Art. 51
Ibid., Art. 52