How Indian Companies Can Secure Brand Protection Across the European Union
By Prashant Kumar
Introduction
Europe remains one of the most attractive markets for Indian companies — from D2C brands selling through Amazon EU to SaaS founders targeting enterprise clients, exporters working with distributors, and manufacturers supplying across Germany, France, Italy, or Spain. What many businesses underestimate is how critical trademark protection becomes once they set foot in the European Union. The EU is a single economic bloc of 27 nations with a common IP system governed by the EUIPO — the European Union Intellectual Property Office. Through a single trademark application, Indian companies can secure protection across all member countries, making the EUIPO filing one of the most cost-efficient and strategic IP investments.
In practice, EUIPO registration is particularly valuable for Indian brands building European distribution networks, entering trade shows, or expanding into Amazon Europe. As you will see in this roadmap, the process is manageable with the right preparation — and significantly strengthens your global brand protection strategy. For companies planning multi-country expansion, this EU filing often complements international protection secured through the Madrid Protocol, which I’ve explained separately in detail in my guide on How to Protect Your Brand Internationally Using the Madrid Protocol (https://csatwork.in/how-to-protect-your-brand-internationally-madrid-protocol-india/).
Why EU Trademark Registration Matters for Indian Businesses
In simple terms, an EUIPO trademark protects your brand name, logo, or product identity across all 27 EU countries through one registration. This is powerful in a region where trademark rights are based on the “first-to-file” principle — meaning whoever files first secures exclusive rights, irrespective of who used the name first. For Indian startups, manufacturers, exporters, FPOs, and e-commerce brands, this single rule makes early filing a strategic priority.
A registered EU trademark gives you immediate legal rights in every EU member state. It acts as a deterrent against local distributors registering your brand behind your back — a surprisingly common issue faced by Indian exporters in Europe. It protects your listings on platforms like Amazon Europe, enhances investor confidence during negotiations, and ensures your brand is enforceable across borders. When combined with country-specific trademarks like the U.S. (explained in my U.S. roadmap here: https://csatwork.in/us-trademark-registration-from-india/), EUIPO becomes a crucial pillar of any global brand protection strategy.
What an EUIPO Trademark Covers
An EUIPO trademark gives exclusive rights for your brand name, logo, design, or other brand identifiers across the entire European Union. You do not need to file separately in Germany, France, Italy, Spain, or any other EU country. This makes it far more efficient and economical than filing national applications individually.
The EUIPO system allows protection for:
- Wordmarks (brand names)
- Logos
- Taglines
- Product names
- 3D shapes, packaging, colors
- Certain non-traditional marks
Once registered, the trademark remains valid for ten years and can be renewed indefinitely.
How to Register an EUIPO Trademark from India: Full Roadmap
Step 1: Conducting an EU Trademark Search
Every strong EU trademark filing begins with a clearance search. The EU examiners are strict about similarity — not only identical names, but names that sound, look, or feel similar. Searching across the TMView database reduces the risk of rejection, litigation, or opposition. Indian brands often assume that being registered in India prevents problems in Europe, but the systems are independent. A Delhi skincare brand recently discovered that its name, while clear in India, clashed with an existing French trademark — resulting in a complete rebranding before its EU launch.
Step 2: Choosing the Correct Classes
The EUIPO uses the Nice Classification, covering 45 classes across goods and services. Selecting the right class is critical because your protection depends on it. Many Indian businesses mistakenly choose overly broad or incorrect classes, leading to objections or leaving important commercial activities unprotected.
For example, a SaaS company targeting European clients must file under Class 42 (software services), not only Class 9 (software products), unless their model includes both elements. Getting this classification right avoids complications later, including oppositions by competitors.
Step 3: Filing the Application with EUIPO
The EUIPO filing process is entirely online. You need to submit:
- Your wordmark or logo
- Applicant details
- Goods and services description
- Priority claim (if applicable)
- Filing fee
- Attorney details (if represented)
For applications claiming priority based on an earlier Indian filing, the six-month window under the Paris Conventionapplies. Filing fees begin at EUR 850 for one class, making the EUIPO system far more cost-effective than multi-country filings.
Step 4: Examination Stage (1–3 Months)
After filing, EUIPO examines the application for:
- Similar existing marks
- Descriptive or generic elements
- Formal and procedural issues
If the application is acceptable, it proceeds directly to publication. Otherwise, EUIPO issues an Examination Report. Indian applicants without an EU address must appoint an EU attorney to respond. This stage is where professional drafting and pre-filing strategy significantly reduce complications.
Step 5: Publication & Opposition (3 Months)
Once published in the EU Trade Marks Bulletin, your mark remains open to opposition for three months. Opposition is more common in sectors like fashion, FMCG, skincare, technology, food products, and pharmaceuticals. Oppositions can be based on similarity, prior usage, or bad faith. Responding effectively often requires legal arguments, evidence, and negotiation.
For Indian applicants selling on Amazon Europe, avoiding oppositions is crucial — delays can push back Amazon Brand Registry access, affecting launch timelines.
Step 6: Registration and Ten-Year Validity
If no opposition is filed — or if your defence is successful — the mark proceeds to registration. You receive an EU Trademark Registration Certificate valid for ten years across all EU member states. This certificate is accepted by Amazon EU for Brand Registry, making it particularly valuable for e-commerce brands. A Mumbai-based food brand, for instance, used its EUIPO registration to unlock A+ Content and storefront privileges on Amazon Germany and France, boosting conversions significantly.
Step 7: Renewal Every 10 Years
EUIPO registrations last ten years and can be renewed indefinitely, provided the trademark continues to be used. Renewals are centrally filed, keeping the administrative burden minimal compared to national systems.
Documents Needed for EUIPO Filing from India
To file an EU trademark, Indian businesses need:
- Trademark representation (wordmark or logo)
- Applicant details
- Goods/services description
- Priority documents (if claiming Indian priority)
- Power of Attorney for EU counsel (only if represented)
Unlike the U.S. system, EUIPO does not require a “proof of use” to register, unless the mark is challenged in opposition proceedings.
Timelines and Cost Estimates
The typical EUIPO registration takes 5–7 months if unopposed.
The process may extend to 12–18 months if there are objections or oppositions.
Cost-wise, EUIPO remains one of the most economical trademark systems globally. The official fee is EUR 850 for the first class, EUR 50 for the second, and EUR 150 per additional class. Professional fees depend on complexity, number of classes, and whether opposition or legal representation is required. For businesses seeking multi-market expansion, EUIPO often integrates with the Madrid Protocol system to add additional countries using a single WIPO-managed workflow.
Mistakes Indian Applicants Commonly Make
Many Indian applicants fall into predictable pitfalls: filing without a prior search, selecting incorrect classes, choosing descriptive or geographically limited names, relying on online filing portals that do not track the application, assuming Indian registration automatically protects Europe, or missing deadlines during oppositions. These mistakes delay both market entry and Amazon Brand Registry activation. In contrast, a well-prepared filing — supported by structured tracking and attorney coordination — moves smoothly from submission to registration.
FAQs: EUIPO Trademark Registration from India
1. Can Indian companies file an EU trademark directly?
Yes, Indian applicants can file directly with the EUIPO. However, if the EUIPO issues objections or if your mark faces opposition, you must appoint an EU-based attorney. Most Indian brands prefer a law firm that manages filing, tracking, and attorney coordination end to end.
2. How long does an EU trademark take to register?
Unopposed applications usually take 5–7 months. If someone files an opposition during the three-month publication period, the process can extend to 12–18 months. You can still start planning your European expansion as long as your application proceeds without major objections.
3. Does EUIPO trademark protection include the United Kingdom?
No. After Brexit, the U.K. is no longer part of the EUIPO system. Brands targeting the U.K. need a separate UKIPO trademark. Many Indian exporters file both EUIPO and UKIPO to cover all major European markets.
4. Can I use an EUIPO trademark for Amazon Brand Registry in Europe?
Yes. Amazon Europe accepts EUIPO registrations for Brand Registry, unlocking A+ Content, advanced listing control, and protection against hijackers. For Amazon.com (U.S.), however, you need a U.S. trademark, explained in detail in my U.S. filing guide (https://csatwork.in/us-trademark-registration-from-india/).
5. Can I claim priority from my Indian trademark?
Yes. If you file your EUIPO application within six months of your Indian filing date, you can claim Paris Convention priority — giving your EU filing an earlier effective date.
6. Is an EU trademark better than filing individually in each EU country?
For most businesses, yes. A single EUIPO registration gives continent-wide protection at a fraction of the cost. Only if you need protection in non-EU markets like the U.K., Switzerland, or Norway should you file additional national applications.
7. Should I use the Madrid Protocol instead of directly filing EUIPO?
Madrid Protocol is efficient for multi-country expansion. But for Europe-only protection, direct EUIPO filing is fast and cost-effective. Many Indian companies file EUIPO directly and then use the Madrid system to later extend to the U.S., U.K., or Australia.
For a detailed explanation of the Madrid system, see my international brand protection guide: https://csatwork.in/how-to-protect-your-brand-internationally-madrid-protocol-india/
Conclusion
For Indian companies seeking to expand into Europe, EUIPO trademark registration is one of the most cost-efficient and strategically powerful brand protection tools. It secures rights across 27 countries through one filing, strengthens your credibility with European distributors and online platforms, and enhances enforcement when competitors try to copy your brand. Whether you are a manufacturer exporting through distributors, a SaaS company entering European markets, or an Amazon seller expanding to EU marketplaces, filing early ensures your brand name remains exclusively yours.
Eclectic Legal assists Indian businesses across the entire EU trademark journey — from clearance searches and drafting to filing, tracking, responding to objections, handling oppositions, and managing renewals. Combined with country-specific filings like the U.S. and international filings under the Madrid Protocol, EUIPO becomes an essential pillar of a well-structured global brand protection strategy.
About the Author
Prashant Kumar is a Company Secretary, Published Author, and Partner at Eclectic Legal, a full-service law firm advising on corporate, regulatory, and international intellectual property matters. He specialises in EUIPO, USPTO, Madrid Protocol, and cross-border brand protection strategies for Indian startups, exporters, e-commerce sellers, and technology companies.
📩 prashant@eclecticlegal.com
📞 +91-9821008011
