(WIPO code: EM) (last revised January 2024)
by ELZABURU, Madrid, Spain
(WIPO code: EM) (last revised January 2024)
by ELZABURU, Madrid, Spain
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.
* 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 | 2021 | 2022 | 2023 |
Austria | 4,598 | 3,839 | 3,219 |
Belgium | 2,998 | 2,704 | 2,207 |
Bulgaria | 1,192 | 1,293 | 1,185 |
Croatia | 355 | 395 | 362 |
Cyprus | 1,166 | 1,000 | 1,073 |
Czech Republic | 1,976 | 1,743 | 1,686 |
Denmark | 2,371 | 2,048 | 1,826 |
Estonia | 907 | 876 | 742 |
Finland | 1,836 | 1,545 | 1,204 |
France | 9,585 | 8,987 | 7,951 |
Germany | 27,486 | 23,601 | 18,667 |
Greece | 1,542 | 1,337 | 1,217 |
Hungary | 911 | 856 | 866 |
Ireland | 1,662 | 1,276 | 1,093 |
Italy | 14,918 | 13,768 | 11,351 |
Latvia | 346 | 355 | 370 |
Lithuania | 1,031 | 962 | 951 |
Luxembourg | 990 | 899 | 784 |
Malta | 905 | 813 | 897 |
Netherlands | 6,020 | 5,817 | 4,957 |
Poland | 6,233 | 6,058 | 5,942 |
Portugal | 2,242 | 1,803 | 1,823 |
Romania | 1,466 | 1,716 | 1,828 |
Slovakia | 674 | 609 | 664 |
Slovenia | 564 | 617 | 455 |
Spain | 11,238 | 10,918 | 9,759 |
Sweden | 4,306 | 3,691 | 2,787 |
Non-European Union Countries | |||
Country | 2021 | 2022 | 2023 |
United States | 20,284 | 19,753 | 14,354 |
Japan | 2,861 | 2,794 | 2,005 |
Switzerland | 4,635 | 4,342 | 3,591 |
Canada | 1,687 | 1,584 | 1,189 |
Australia | 1,681 | 1,636 | 1,076 |
China | 34,350 | 21,766 | 19,528 |
Taiwan | 701 | 661 | 570 |
Hong Kong | 1,641 | 1,399 | 1,268 |
Republic of Korea | 2,350 | 2,125 | 1,647 |
United Kingdom | 8,943 | 8,851 | 7,144 |
Summary 2021-2023 | |||
2021 | 2022 | 2023 | |
Applications | 198,033 | 174,173 | 146,173 |
Registrations | 180,711 | 165,056 | 134,991 |
Source: European Union Intellectual Property Office (EUIPO)
Date: December 2023 (updated until November 2023)