The second mini-lesson in our “Brand Protection Pitfall-Avoidance Guide for Global Expansion” is here! This episode zeroes in on the EU—another blockbuster destination for worldwide portfolio planning. With “one mark, 27 countries covered” and a fast-track route that can deliver registration in as little as four months, the European Union trade mark (EUTM) has become Chinese companies’ favourite gateway to Europe. Yet the examination rules and opposition procedure harbour hidden traps. Today we decode the EUIPO’s key examination points and share battle-tested opposition strategies, so you can secure rights quickly and lock in your European market position.

  Seven Key Advantages of an EU Trade Mark (EUTM)  

1、One filing, 27 countries – a single application secures protection throughout the Union and saves both time and money.

2、Fast – the “Fast Track” can yield a registration certificate in roughly four months.

3、Paper-light – no power of attorney, notarisation or legalisation is required; only the mark, the list of goods/services and applicant details are needed.

4、Unitary protection – one registration covers 27 states and one court decision is enforceable Union-wide.

5、Use sharing – genuine use in any single Member State is deemed use in all 27, although in cancellation proceedings evidence from 3-4 larger countries (e.g. DE, FR, IT) is recommended.

6、Priority rights – Paris Convention and Madrid System priority may be claimed within six months of the first filing.

7、Conversion safety-net – if the EUTM is refused (or later cancelled for non-use), it can be converted into national applications within three months while keeping the original filing and priority dates.

       When to use the safety-net: withdraw the EUTM and convert while opposition is still pending; or, after registration, convert to those states where the mark has actually been used if a five-year non-use cancellation is threatened.

Fast Track – seize the initiative
EUTM applications are processed under either Fast Track or Standard Track. Fast Track can take as little as four months from filing to certificate, provided the application is straightforward (word or figurative mark only, no priority claim, and a clear, standard list of goods/services).

What makes EUIPO examination distinctive?

1、No substantive examination of relative grounds – the Office examines only absolute grounds (distinctiveness, descriptiveness, public policy, etc.). Conflicts with earlier rights are left to the opposition procedure. Watching the EUTM Bulletin is therefore critical; any interested party in any of the 27 states may oppose and legal arguments will be required.

2、Flexible approach to absolute grounds – Article 4 EUTMR allows any sign to be registered as long as it can distinguish the goods/services and is represented clearly. For Chinese-character marks this leads to lenient examination: they are treated as figurative devices, no transliteration or translation is required and no meaning is considered. This makes hijacking easy and later enforcement difficult. Article 7(1)(c) bars descriptive marks, but because EUIPO does not examine meaning, even descriptive Chinese-character marks may slip through.

Three points to watch in opposition proceedings

1、Cooling-off period – a non-extendable three-month opposition window runs from publication. The opponent first files a notice (and fee); once EUIPO accepts it, a two-month cooling-off period begins during which an amicable settlement can be reached. Either side may request extensions (up to 22 months), giving a maximum 24 months to negotiate and save costs.

2、Adversarial stage – after the cooling-off period the opponent has two months to submit full grounds and evidence; the applicant then has two months to defend and may require the opponent to furnish proof of use of marks registered for more than five years before filing its own evidence.

3、Cost allocation – the losing party must reimburse the winner’s official fees and reasonable legal costs. If success is partial, each side bears its own expenses.

Classic takeaway – monitor the publication period
A Hangzhou company had registered and used the mark FINOTECH (left-hand logo) in the EU, the U.S. and elsewhere and enjoyed high industry recognition. Routine watching revealed an EUTM application for the almost identical FENNOTECH. The company filed an opposition within the three-month publication window. After a substantive comparison EUIPO held the marks visually, phonetically and conceptually similar and covering identical goods, and refused the contested FENNOTECH application.

The case ran the full course—opposition, evidence rounds and final decision—confirming the EU principle that relative grounds are dealt with only through the opposition procedure. It is a useful reference for anyone intending to register in the Union and a reminder that outbound companies must watch the EUTM Gazette and trigger oppositions promptly.

To secure a foothold in Europe, speed must be matched by stability. The EU trade-mark system is fast and user-friendly, but it demands heightened surveillance and response capability. Using the Fast Track, pre-empting risk points and engaging proactively in any opposition are the keys to success. If you would like to keep receiving up-to-date guides and practical strategies for trade-mark registration and protection in other jurisdictions, stay tuned.