There are four routes to trade mark registration in the European Union. The route you choose will depend on both your immediate business needs and your plans for the future. It is important to note that the four routes are complementary, partly interchangeable and work in parallel to one another. We go through each of the different routes in turn below.
National trade marks
If your business is operating in a single country in the European Union, the most appropriate route to registration may be through filing an application with the national IP office in your country (see a list of all national and regional offices here).
Regional trade marks
There is currently only one regional IP office in the EU that covers more than one country but not the whole of the EU, and that is the Benelux Office of Intellectual Property (BOIP). If you want to apply for trade mark protection in one of the Benelux countries (Belgium, the Netherlands or Luxembourg), you may do so only by filing for a regional Benelux trade mark, which will give coverage in all three countries. These countries do not have separate IP offices and/or national trade marks in the traditional sense.
European Union trade marks
The third option for your business would be to apply for a European Union trade mark from the European Union Intellectual Property Office (EUIPO). This type of trade mark will give you exclusive rights throughout the whole territory of the European Union. There are several things to be considered from a strategic point of view before choosing this route, but in general, if you plan on doing business in a few countries or in the whole of the EU, this option might be your safest bet. It is also the most efficient route in terms of fees, time, translations, management, etc. when compared to filing several national trade mark applications in individual countries.
International trade marks
The last option is the international route. International trade marks can be considered “extensions” of national, regional or EU trade marks – you may apply for an international trade mark only if you have one of those. Such extensions may be granted for trade marks registered in EU countries and in fact most countries in the world (125 at the time of writing), as long as the country is a signatory of the Madrid Protocol. An international application starts with filing a trade mark application with your national/regional IP office or EUIPO, and then continues on to the World Intellectual Property Organization (WIPO).
