Organization overview

Full name: European Union Intellectual Property Office (EUIPO)
Established: 1994 (originally OHIM; renamed EUIPO in 2016)
Headquarters: Alicante, Spain
Institutional affiliation: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), European Commission

The EUIPO's main responsibilities include:

• Administering and examining applications for European Union trade marks (EUTM) and registered Community designs (RCD);

• Maintaining the EU's central IP databases (TMView, DesignView, etc.);

• Providing opposition, cancellation and appeal procedures;

• Promoting IP cooperation and harmonisation among the EU Member States;

• Managing the European Network of IP Offices (ECP).

Examination and procedural features

• Language regime: all official EU languages are accepted; the working languages are English, French, Spanish, German and Italian;

• Electronic administration: filing, fee payment, opposition and appeals are fully electronic;

• Transparency: examination proceedings and case law can be accessed online;

• Appeal system: decisions may be appealed to the Boards of Appeal and subsequently to the General Court and the Court of Justice of the European Union (CJEU);

• International cooperation: maintains data-sharing and PPH-type cooperation arrangements with WIPO, USPTO, JPO, KIPO and other offices.

Key features of the trade mark system

Filing routes

• File an EUTM application directly with the EUIPO;

• Alternatively, designate the European Union via the Madrid System.

Territorial scope

• Once registered, the mark is valid in all 27 EU Member States;

• If it is revoked or declared invalid, it loses effect across the entire EU.

Classification standard

• Uses the Nice Classification;

• Multi-class applications are allowed.

Examination focus

• Formal examination is relatively fast (around 1 month);

• Substantive examination focuses mainly on distinctiveness;

• Where objections are raised on absolute grounds, written observations may be filed in response.

Term and use requirements

• Term of protection: 10 years, renewable indefinitely;

• If not put to genuine use for a continuous period of 5 years, the mark may be revoked.

Opposition and appeal

• Opposition period: 3 months from publication;

• Appeals are heard by the EUIPO Boards of Appeal.

Community design protection

Legal basis

• Council Regulation (EC) No 6/2002 on Community designs.

Types of protection

• Registered Community Design (RCD);

• Unregistered Community Design (UCD).

Term of protection

• Registered Community designs: 5 years from the filing date, renewable four times, up to a maximum of 25 years;

• Unregistered Community designs: 3 years from the date of first disclosure within the EU.

Key features

• Fast registration (in most cases registration can be obtained within 2–4 weeks);

• Coverage extends to all EU Member States;

• No substantive examination of novelty or individual character; focus on formal requirements and disclosure.