Trademark registration in the EU – rules, requirements and specifics

With the development of the market and the increased presence in e-commerce, more and more Bulgarian companies are choosing to protect their innovations and identity through trademark registration, valid throughout the European Union. 

This trend is due to the extremely practical economic advantages of the so-called EU Trade Mark (EUTM), issued by the European Union Intellectual Property Office (EUIPO). The main reason is that a single application and fee provide legal protection in 27 Member States, covering a market of nearly 450 million consumers. 

This is a rational and cost-effective strategy for securing exclusive usage rights, which is crucial for preventing counterfeiting, unfair competition, and ensuring brand identity during international expansion.

Registering a European trademark – main advantages

The decision to register a trademark in the EU brings significant benefits that go beyond national protection, becoming a strategic asset for any business with ambitions to grow within the European market. Benefiting from a single legal framework, EUTM owners are given tools to protect and control their commercial identity throughout the region. What do you get with registering a European trademark? 

• Wide territorial scope: a single registration provides immediate and equal protection in all 27 Member States of the European Union.

• Cost-effectiveness: one fee and one application covers a huge territory, which is much more cost-effective compared to filing 27 separate national applications.

• Single procedure: the process of filing, examining and renewing a trademark is centralized through the European Union Intellectual Property Office (EUIPO), which saves time and administrative resources.

• Basis for international expansion: The EUTM can serve as a base registration when seeking protection in countries outside the EU through the Madrid Protocol.

Trademark registration: procedure – in Bulgaria and in Europe

The procedures for registering a trademark in Bulgaria and in the EU differ mainly in the territorial scope of protection and the administrative authority that issues it.

• National brand (BPV)

Protection – the trademark registered with the Patent Office of the Republic of Bulgaria (POB) is valid only on the territory of the country.

Procedure – one application is filed and one local fee is paid. The BPV performs an examination on both absolute and relative grounds (the mark is compared with earlier national marks).

Deadline – the procedure is usually shorter because the search scope is smaller.

• European Trademark (EUTM)

Protection – is filed with the European Union Intellectual Property Office (EUIPO) and provides uniform protection in all 27 Member States.

Procedure – one application is filed and one common fee is paid. EUIPO performs an examination only on absolute grounds. The examination of relative grounds (comparison with earlier marks) occurs only in the event of a third-party opposition.

Deadline – the procedure may be extended if there is opposition from any of the 27 countries, as more interests are affected.

The choice of registration should be tailored to the business strategy – local companies often start with the BPV, while those with ambitions for the European market should choose the EUIPO. Which logically leads us to the next question.

Trademark registration in the EU – for whom, when and is it necessary?

Registering a European Trade Mark (EUTM) is an important step for a wide range of businesses, but it is critical for those who operate or plan to operate across national borders.

Who is EUTM suitable for?

• Export-oriented SMEs: small and medium-sized enterprises that sell goods or services through e-shops, platforms (such as Amazon, Etsy) or have distributors in the EU.

• Startups with growth potential: companies with unique innovations or strong brand names that are seeking investment and rapid expansion in the European market.

• Companies operating with a franchise, namely those that grant rights to use their brand in various European countries.

When is it needed?

Registration should be completed as early as possible – ideally before starting sales outside Bulgaria. This is especially important when the company participates in European programs, plans to open physical locations in the EU, or faces the risk of imitation of its products.

What are the risks of not registering?

Such a failure can create huge legal risks. The most serious is the possibility that a competitor may register an identical or confusingly similar trademark in another EU country. This could lead to a ban on using your name in those markets, the imposition of fines and the need for legal proceedings to prove prior use. The lack of an EUTM limits effective control over distribution networks and makes the fight against counterfeiting almost impossible.

Possible obstacles to registering a European trademark

The registration process before the EUIPO, although unified, is not without potential obstacles and cases that can delay or even prevent obtaining protection. 

One of the most common problems is related to absolute grounds for refusal. This occurs when the mark you wish to register is descriptive of the goods or services (e.g. you wish to register "Fast Delivery" for courier services) or is commonly used in the trade. The EUIPO strictly applies the rule that common words and phrases must remain free for use by all competitors. 

A second major obstacle arises when your application is attacked on the basis of relative grounds for refusal, triggered by an opposition from an earlier owner of a similar mark. Due to the huge number of registered marks in 27 Member States, the risk of opposition is significantly higher than with a national application. The situation is further complicated if the similar mark is registered in only one country, but can block the entire European registration. 

Another specific obstacle is when the mark is contrary to public policy or good morals in one of the Member States, which requires a very careful study of the socio-cultural context in each jurisdiction. 

For example, an attempt to register a trademark containing a graphic depiction of Nazi symbols or highly vulgar expressions will be rejected due to a violation of public order.

Finally, a common mistake is the incorrect classification of goods and services under the Nice Classification, which can lead to the need for costly corrections or a challenge to the scope of protection.

For example, if you register an online training course in Class 9 ("Electronic devices and software") instead of the correct Class 41 ("Education and training"), your protection can easily be challenged as invalid for your activity.

So – how do we actually register our trademark with EUIPO?

The process of filing an application for an EU Trade Mark (EUTM) goes through several mandatory steps. It starts with a preliminary search for existing earlier similar marks in the EUIPO register. 

This is followed by the preparation of the application itself, which includes an accurate graphic representation of the mark and a precise classification of the goods and services according to the Nice Classification. 

After filing and payment of the fee, EUIPO performs an examination on absolute grounds and publishes the application for an opposition period (three months). 

Given the complex nature of the research, the specific legal requirements for formulation and the high risk of opposition, the most sensible and effective approach is to trust professionals. Leave the entire process in the hands of the IPfabrika team – we have many years of experience in the field and can successfully guide you through all cases.

Protection and long-term strategy - act now

Don't leave your brand, in which you have invested time and resources, unprotected on the European market - the risk of imitation or blocking is too great. The time for an expertly submitted application is before, not after, a problem arises. 

Secure exclusive use rights in 27 Member States today and take the first step towards long-term security for your European business. Do you have any questions? Search for IPfabrika here.