Written by Tomas Orsula
Senior Trademark Attorney
No, contrary to, e.g., the USA, a mark doesn't have to be used in commerce before applying for an EU trademark. EU is a first-to-file jurisdiction, where priority rights are granted to the entity first filing the application. This approach gives brand owners the option to start securing their rights before launching a product or service.
However, trademark law in any country and system should be used in good faith, meaning to seek protection for a future business venture rather than prevent others from obtaining the trademark. For this reason, if a registered EU trademark has not been used in commerce for five years after registration, third parties can challenge the registration, which can result in cancellation.
What does "Prior pending application" in my office action mean?
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Can I register a trademark if my company is not yet incorporated?
Can anyone use the Madrid System to register a trademark internationally?
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How much does adding a class to my US trademark application cost?
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