What is a European Union Trade Mark?

A European Union Trade Mark is a sign susceptible to graphic representation which should be appropriate for distinguishing a company’s goods or services from any other company.

Registration of a European Union Trade Mark grants protection within the EU Member States.


Why register your Trade Mark?

Trade Mark registration will confer on its holder exclusive rights. The registered Trade Mark holder can prohibit any third party from using the sign for commercial purposes without his/her consent, regarding:

  • any sign identical to the European Union Trade Mark, for goods or services identical to those for which the Trade Mark is registered
  • any sign where, because of its identity with or similarity to the European Union Trade Mark and the identity or similarity of the goods or services covered by the European Union Trade Mark and the sign, there exists a likelihood of confusion on behalf of the public; the likelihood of confusion includes the likelihood of association between the sign and the Trade Mark
  • any sign which is identical with, or similar to, the European Union Trade Mark in relation to goods or services which are not similar to those for which the European Union Trade Mark is registered, where the latter has a reputation in the Union and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the European Union Trade Mark


What can’t I register?

  • Those signs that cannot be represented graphically, or are inappropriate to distinguish the goods or services of one company from another
  • Trade Marks consisting exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services
  • Trade Marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade
  • Signs which consist exclusively of a shape which result from the nature of the goods themselves
  • Trade Marks for wines which contain or consist of a geographical indication identifying wines or for spirits which contain or consist of a geographical indication identifying spirits with respect to such wines or spirits not having that origin
  • Signs consisting exclusively of the shape of the product necessary to obtain a technical result
  • Trade Marks which are contrary to public policy or to accepted principles of morality
  • A Mark which may mislead the public
  • Those which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6 ter of the Paris Convention
  • Marks which include badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention, and of particular public interest, unless the consent of the authorities has been given to their registration
  • Trade Marks which contain or consist of a designation of origin or a registered geographical indication