European Union trade mark



Regulation (EU) 2017/1001 on the European Union trade mark


It establishes EU-wide rules and conditions for the granting of an EU trade mark.

It codifies and replaces Council Regulation (EC) No 207/2009 and its numerous successive amendments.


EU trade mark

Any person or company, including authorities established under public law, may obtain an EU trade mark through registration.

It may consist of any signs, in particular words (including personal names), designs, letters, numerals and the shape of goods or of their packaging, provided that such signs are capable of:

Owner’s rights

It grants the owner exclusive rights, which prohibit third parties from using any of the following for commercial purposes:

However, the owner of the EU trade mark may not prohibit third parties from using the following for commercial purposes:


Applicants must file an application for an EU trade mark with the European Union Intellectual Property Office (EUIPO).

The application must contain the following information:

Applicants must also pay an application fee. The application fee must be paid within 1 month of the filing date — the date on which the documents are filed with the EUIPO.


Duration and renewal

Surrender, revocation and invalidity

An EU trade mark may be surrendered in respect of some or all of the goods or services for which it is registered. The rights of the owner may also be revoked if:

The regulation also establishes grounds for invalidity of the trade mark. These grounds include, for example, cases where the applicant acted in bad faith when filing the application for the trade mark.

EU collective marks

When an application for registration is filed, it is possible to designate an EU trade mark as being collective. The following are authorised to file EU collective marks — associations of:

EU certification marks

It is also possible to designate an EU trade mark as a certification mark. The owner of such a mark certifies the material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics (excluding geographical origin) of the certified goods and services.

Legal action

Regulation (EU) No 1215/2012 applies to proceedings relating to EU trade marks and applications for EU trade marks, as well as to simultaneous and successive actions on the basis of EU and national trade marks.

EU countries must designate ‘EU trade mark courts’. These courts have exclusive jurisdiction in all disputes concerning the infringement and validity of EU trade marks.


It has applied since 1 October 2017.


EUIPO replaces the Office for Harmonization in the Internal Market from 23 March 2016 in line with Regulation (EU) 2015/2424 which amended Regulation (EC) No 207/2009 both of which were replaced by Regulation (EU) 2017/1001 .

For more information, see:


Genuine use: if a company registers an EU trade mark, uses it for a period and then stops using it for a continuous period of 5 years, the trade mark may be revoked. This is because there is no value in giving protection to trade marks if they are not being used and there is no interest in preventing another company, that might legitimately wish to use the mark, from using it.


Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, pp. 1-99)

last update 13.02.2018