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Can you file with Intent to Use in the EU?

Written by Jan Buza

Co-founder of Trama

No. The EU does not have an intent-to-use filing basis equivalent to the US. EU trademark applications are simply filed; no declaration of current or future use is required at the application stage.

The consequence is that EU trademarks can be filed speculatively without genuine commercial intent. However, a registered trademark that has not been used in the EU for five years can be cancelled by a third party on non-use grounds, which serves as the practical check against purely defensive filings.

Related questions

Brand protection advice for the clothing industry: What, why, where, when & how to register a trademark

Fashion is one of the biggest industries in the world. Global market value of the clothing industry was set to $1.7 trillion dollars in 2021 and expected to enjoy a 6.1% growth to $1.95 billion dollars in 2022-2023 according to two different research reports by Euromonitor and McKinsey [1]. This article highlights why trademark registration is of a crucial importance for fashion retailers.

Words to avoid when choosing a trademark

Your trademark is the face your brand. Trademark registration helps your customers to identify the goods and services you offer and differentiate them from the ones offered by your competitors. It is then essential to make sure that your trademark is distinct and recognisable enough to represent your brand.

Trademark Registration: DIY vs Professional Service

Filing for trademark registration is something anybody can do with a single online application. Many business owners, however, decide to wait with trademark registration because the process can appear quite complicated at first sight. Applying without a legal representative can be a difficult and time-consuming process. Mistakes and errors are easy to make and can lead to weak trademark protection or the rejection of your trademark registration altogether.