The cost of registration of the European Union trademark depends on many different factors.
It may cost as little as €850 for a simple trademark, if you can handle the process yourself, or it could run into thousands of euros, if the registration does not go smoothly and you need to seek the assistance of a trademark attorney.
Generally, the cost of the European Union trademark registration falls between €1,100 to €1,600. This includes the official fees of the European Union Intellectual Property Office (EUIPO) and the fees of a trademark attorney for conducting a basic search and filing a trademark application.
Here is a detailed breakdown of the costs that you should take into account.
1. Application fee
The fee is payable in euros to the EUIPO within one month of filing your trademark application. The amount varies depending on the filing method and the number classes of goods and/or services that the application covers.
| Basic fee | Second class | Each additional class |
Trademark filed by post/courier | €1,000 | €50 | €150 |
Trademark filed electronically | €850 | €50 | €150 |
In practice, over 80% of all European Union trademark applications are filed electronically and electronic means of communication is also preferred by the EUIPO.
2. Trademark attorney fees
Trademark attorneys in the European Union are qualified professionals who advise on trademark matters in the member states where they have obtained their qualification and also represent clients before their national intellectual property offices and the EUIPO.
It is always advisable to engage a trademark attorney if you have limited experience in dealing with trademarks. A trademark attorney can prepare and file the application on your behalf and guide you through the process, addressing any potential issues and making sure that the trademark registration application meets your individual business needs.
Trademark attorneys usually charge between €250 and €550 for filing trademark application in one class of goods and/or services and between €30 and €70 for each additional class.
These fees normally do not cover the cost of responding to possible office actions. The EUIPO may identify issues with your trademark application during examination. In such a case it will notify you of deficiencies and give 2 months to remedy them and/or submit observations. For handling the matter a trademark attorney may charge an hourly rate between €100 and €450, generally up to €1,500 in total.
3. Trademark search costs
Before applying for a trademark registration you have to ensure that your trademark is not in conflict with the existing trademarks that belong to third parties. Otherwise your trademark application may be opposed and you may face a trademark infringement lawsuit.
This can be done by performing a search. Depending on your business risk tolerance you may either perform a knockout search and/or clearance search with or without an opinion on the availability of a mark.
The knockout search can reasonably be performed free of charge without the need to consult a trademark attorney, as it aims to identify any obvious conflicts (i.e. identical earlier trademarks). Here you can find basic information on where and how to search.
A clearance search is typically conducted by a trademark attorney and involves an in-depth assessment of whether the mark may be problematic to register and use because it is likely to be confused with earlier registered or unregistered trademarks. A typical clearance search for the European Union trademark includes national registrations across all member states, the EUIPO registrations, designations through the Madrid System and business names.
As part of the clearance search, a trademark attorney would usually order data from a third-party data provider (e.g. Corsearch or Markify) and create a “traffic light” report. Such a search with a report/opinion of a trademark attorney may cost anywhere between €400 and €2,500.
4. Potential opposition costs
Opposition is a procedure that takes place before the EUIPO when a third party requests the EUIPO to reject a European Union trademark application on the basis of the earlier rights it holds (usually a similar trademark registration).
The EUIPO receives between 15,000 and 20,000 oppositions each year and approximately 1 out of 10 European Union trademark registration applications gets opposed.
If your trademark is opposed, you may have to consult a trademark attorney who can properly assess the opposition and help choose the right strategy and response. For example, the attorney may initiate settlement negotiations, resolve the conflict by narrowing the scope of the application, or file a request for proof of use, requiring the opponent to prove that the earlier mark, registered for more than 5 years, has been used.
Since opposition proceedings are often complex and generally unpredictable, trademark attorneys charge an hourly rate which varies, but is usually between €100 and €450. Achieving a resolution in the opposition normally costs from €1,500 to €7,000.
The losing party in opposition proceedings is obliged to compensate the fees paid by the other party. In practice, the maximum cost is limited to €300.
5. Renewal Fees
After you get your trademark registration, you have to consider the future costs associated with maintaining the mark.
The European Union trademarks are registered for a period of 10 years from the date of filing of the application. Registrations may be renewed in 10 year increments indefinitely. A renewal fee that has to be paid to the EUIPO every 10 years is calculated in the same way as the application fee.
| Basic fee | Second class | Each additional class |
Trademark filed by post/courier | €1,000 | €50 | €150 |
Trademark filed electronically | €850 | €50 | €150 |
The EUIPO also allows filing for renewal after the date of expiry of the registration not exceeding six months. But in this case a trademark owner is required to pay an additional fee for the late submission of the renewal application in the amount of 25% of the late renewal fee, up to a maximum of €1,500.
Tips for cost-effective trademark registration
Always conduct a pre-filing search. This will help to avoid seeking the registration for a trademark that is likely to be contested and subsequent incurrence of the opposition costs. Your application fees will not be refunded if your application get refused.
Properly classify goods and/or services that you intend to cover with your trademark registration. That way you may reduce the number of classes and the cost related to each additional class.
To avoid additional fees for late trademark renewals, make sure to carry out the renewal in a timely manner – you should aim to file the trademark renewal application within 6 months prior to the date of expiry of the registration.
Conclusion
The European Union trademark registration process involves many moving parts and may not be as simple or as cheap as sometimes advertised. However, the usual cost for a simple European Union trademark registration falls within the range of €1,100 to €1,600.
Prior to hiring a trademark attorney or a law firm to file a trademark application, you should inquire about and carefully consider the cost of preparing the application, conducting search, responding to a possible office actions and oppositions.
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