All EU countries at once — with a single EU trademark
An EU trademark offers the advantage of unitary protection across all current — and future — EU member states.
Only one single application at the European Union Intellectual Property Office (EUIPO) is required.
6 Strong Reasons for an EU Trademark
Unitary Legal Protection
A single legal framework applies to the EU trademark across the entire EU, providing strong and uniform protection. Infringement actions can be brought before EU trademark courts — and their judgments apply throughout the European Union.
Lower Costs
The costs are significantly lower than filing individual national trademarks in each member state.
Ability to Claim Seniority of Older National Rights
The EU trademark is designed to complement national systems.
If an applicant or owner already holds an identical earlier national trademark, they can claim its seniority, preserving the earlier filing date.
Flexible Use Requirements
Genuine use in just one member state is sufficient to maintain the EU trademark in force across the entire European Union.
A Superior Earlier Right Enforceable in All EU Countries
An EU trademark can constitute an earlier right that can be asserted against younger national trademarks in any member state.
This allows holders to challenge younger national marks across the EU.
10-Year Protection
Once registered, the EU trademark is protected for 10 years and can be renewed indefinitely in additional 10-year periods.
Trademark Protection — Done Right
Trademarks can be protected in almost every country. Trademark expert Christian Zierhut explains everything about national and international protection, what can be protected, how trademarks are monitored, and how they are enforced.
I. What Can Be Protected?
Not only words or images can be protected, but also: Letters, Numbers, Advertising slogans, Three-dimensional shapes, Scents, Melodies, Color trademarks
| Type of Trademark | Description |
|---|---|
| Words | Most commonly, word marks are registered, such as “Persil,” “GMAIL,” or “Microsoft.” Personal names or company names can also be protected, such as “Siemens” or “Marlene Dietrich.” |
| Letters | Letter combinations can be protected as word marks, such as “BMW” for vehicles, “IBM” for computers, or “FAEMA” for coffee machines. Even single letters may be protected (e.g., C or Z!!), provided their graphic presentation goes beyond a customary advertising style. |
| Figurative Marks | Two-dimensional images or graphic elements are protectable, such as the exclamation mark used by JOOP! on jeans. |
| Numbers | Numbers—written as digits or words—can be protected, such as “QUATTRO,” “DREIER” for vehicles, or “4711” for perfume. |
| Letter–Number Combinations | Combinations such as “@ON2” for advertising services are also protectable as trademarks. |
| Phrases (Slogans) | Slogans are protectable, such as “Geiz ist geil,” “Ich bin doch nicht blöd,” “nicht immer, aber immer öfter” for beer, or “Radio von hier, Radio wie wir.” |
| Word–Figurative Marks | Marks containing both word and graphic elements can be protected, such as the Bayer Cross. |
| Colors | Certain colors have been recognized as trademarks, such as the color purple for Milka chocolate or yellow for the “Yellow Pages.” Single colors are generally difficult to protect, though specific color combinations (e.g., the VISA brand colors) may be protectable. |
| Three-Dimensional Shapes | 3D shapes are protectable if they show originality. Shapes that are standard or purely technically determined cannot be protected. Examples include the LEGO brick or the distinctive “Granini bottle.” |
| Melodies & Sound Sequences | Melodies can be protected, such as radio station jingles or well-known commercial jingles like “Nothing is impossible – TOYOTA.” |
| Scents | Scents may be trademarked if they can be represented graphically or descriptively—for example, the scent of tissues or a specific perfume. |
II. What Are the Requirements?
When assessing registrability, the competent trademark office examines whether any statutory grounds for refusal apply.
In practice, the most important factors are distinctiveness and whether the mark is considered a descriptive term that must remain free for general use.
A trademark must always be evaluated in relation to the goods or services it is intended to identify.
Example:
The term “apple” is not distinctive for the goods “fruit” and therefore cannot be registered, as consumers would not perceive it as an indication of a particular company.
In rare cases, trademark protection may arise without registration.
This occurs only when a sign has acquired distinctiveness through use (secondary meaning) within the relevant public.
Acquired distinctiveness means that, through extensive use, consumers recognize the sign as indicating a specific company or manufacturer.
For example, the brand McDonald’s would be protected as a well-known mark even without being registered.
III. Classification of Goods and Services
A trademark is always filed for specific goods and/or services. The decisive basis for classification is the official Nice Classification, which divides all goods and services into 45 classes. These classes contain broad category terms. The official list is only a rough framework and often needs to be supplemented or specified in detail.
This is crucial because the goods and services specification determines the scope of protection. Once a trademark application has been filed, the list of goods and services may only be restricted, not expanded. If a good or service is incorrectly classified, the filing date may be lost — requiring a new application.
There is no universal rule for whether the goods and services description should be drafted broadly or narrowly. This depends entirely on the trademark, the business model, and the desired protection strategy. In many cases, drafting the specification is also a tactical decision.
IV. Trademark Protection Abroad
In principle, trademarks can be registered in any country worldwide.
The International Registration (“IR Mark”)
To allow faster and more cost-effective filing, many countries — including most Western and Eastern European states — have joined the Madrid Agreement and the Madrid Protocol.
These treaties allow applicants to submit one single application for international registration through WIPO (World Intellectual Property Organization) in Geneva, instead of filing multiple national applications.
Prerequisite:
The applicant must possess a “basic mark” in a member country.
Examination follows the same process as national trademark filings.
Each designated country may:
raise oppositions based on earlier rights
examine the mark for absolute grounds for refusal
The IR system allows cost-efficient trademark protection in multiple countries simultaneously.
Protection lasts 10 years and can be renewed indefinitely.
European Union Trademark (EU Trademark)
The EU trademark provides protection in all EU Member States.
If an applicant already holds an earlier national trademark in a member state, they may claim seniority for the EU trademark in that country — even if the earlier mark was filed many years ago.
This also applies to earlier IR marks.
Seniority must not be confused with priority, which can only be claimed within six months from the first filing date.
FAQs on Trademark Registration in the EU
What Does Trademark Priority Mean?
In trademark law, one simple but decisive principle applies:
Whoever files first, has stronger rights.
Trademark priority determines the date from which a trademark enjoys legal protection.
This date decides, in case of conflict, who may continue using the mark — and who must change or delete it.
For companies, start-ups, or product launches, priority can determine the difference between success and an expensive rebranding.
Why Is Priority So Important in Trademark Law?
Priority determines whether your trademark:
is protected nationally or across the EU,
can be defended against likelihood of confusion,
allows enforcement of injunctions and claims for damages,
and whether social media handles, domains, and product names may continue to be used.
In short:
The priority date decides who wins when two marks collide.
How Is Trademark Priority Established?
1. By Filing a Trademark Application (most common case)
Priority begins on the filing date of the trademark application with:
the DPMA (Germany),
the EUIPO (EU trademark),
the WIPO (international registration).
Important: Priority is based on the application date, not the registration date.
2. By Use (in rare exceptional cases)
A sign may be protected without registration — but only if it is:
well-known,
has acquired distinctiveness through use, or
is notoriously known.
This is rare and legally uncertain.
Our recommendation: file early and avoid risks.
3. By Claiming International Priority (6-month rule)
If you file first in one country, you may file the same mark in other countries within 6 months and keep the earlier priority date.
This is a powerful tool for international brand strategies.
What Happens If Two Trademarks Are Similar?
Then only one question matters:
→ Who was first?
The earlier trademark generally has priority over the later one.
The younger trademark may:
be deleted,
face opposition,
be restricted in use,
or require a costly rebranding.
Filing early is the most effective way to avoid these risks.
Priority in Practice – Example
| Company | Filing Date | Legal Position |
|---|---|---|
| A files “NOVA” on March 1 | 1 March | → Earlier priority |
| B files “NOVA” on March 15 | 15 March | → Younger mark → High risk |
| Result: A has the stronger legal position | → B must change, delete, or release the mark |
When Should I File My Trademark?
As early as possible. Ideally:
before product launch,
before advertising campaigns,
before registering domains,
before investor meetings,
before launching new brands, series, or logos.
Most conflicts arise because companies thought they could “wait a little longer.”
Why ZIERHUT*IP? – Your Partner for Strong Trademark Protection
For more than 20 years, we have advised and represented clients in all aspects of trademark protection:
Professional trademark filing (DPMA, EUIPO, WIPO)
Examination of identical or similar earlier marks
Priority searches and risk assessments
Enforcement and defense of trademark rights
Strategic brand development & international expansion
Opposition and cancellation proceedings
Your trademark is a valuable asset. We protect that value — securely and for the long term.