EU trade marks (EUTMs): expiry, surrender, invalidity and revocation; procedures, genuine use (including post-Brexit scope), evidence and key EUIPO/court case law

Published by a LexisNexis EU Law expert

Practice notes

A trade mark is a badge of origin that distinguishes the goods or services of one undertaking from those of another

An EU trade mark (EUTM) delivers unitary protection via one registration that spans every EU Member State. You obtain an EUTM by filing a single trade mark application at the EU Intellectual Property Office (EUIPO) in Alicante, Spain.

For fuller detail on EUTMs, see Practice Note: EU trade marks (EUTMs), and for the legislation that underpins the regime, see Practice Note: EU trade marks—legislation.

Registration alone does not secure everlasting rights. The owner must preserve the registration by renewing on time, keeping the mark in genuine use, preventing it from becoming generic, and enforcing it against infringing use by third parties.

Once registered, a trade mark is valid for an initial term—ten years for EUTMs—and, in principle, can be renewed without limit. A mark can also be taken off the register, either voluntarily or following action by a third party or the Registrar. This Practice Note looks at the following ways in which a...

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Web page updated on 21/05/2026

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