(WIPO code: EM) (last revised January 2024)

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.

* 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)