The European Union brand: figures and developments

More than twenty years have passed since the creation of the EU trademark. This makes it possible to obtain protection throughout the EU with a single title. In 1998, there were fewer than 25,000 European trademark registrations. At present, 25,000 corresponds to the number of EU trademarks registered within 2 months.

The European Union Trade Mark Office (EUIPO) recently published its statistics on the european brand. This document contains data on the Community trade mark from its creation in 1996 until September 2018. Some of these figures need to be analysed here in order to understand the scope of the Community trade mark.

Deposits in constant increase

In the first half of the 2000s, EU trademark registrations were fairly stable. Each year, the EUIPO registered an average of 35,000 trademarks. It was from 2005 onwards that the European trademark became very popular. In fact, it approached the 60,000 mark that year.

There was then a steady increase in registrations (in 2009, the 100,000 mark mark mark was reached, followed by a slight decline in the following years). In 2017, the EUIPO registered 128,331 European trademarks, setting a new record.

It is also interesting to note that deposits are not evenly distributed over the year. For example, the months of April generally have fewer records than the other months. Conversely, May is the month with the highest number of registrations (despite the 1^er May, a public holiday in all European states), followed closely by the months of March and September.

Stabilisation of oppositions against EU trademarks

Even though there are more than 100,000 new European trademarks each year, it is surprising to note that the number of oppositions remains relatively stable. In 1998, the EUIPO received approximately 11,000 oppositions, in 2007 there were 16,600 and in 2017 only 18,600. In view of the number of filings, this is an interesting development. This means that an applicant today is much less likely to receive an opposition than 20 years ago.

Indeed, the the beginnings of the community trademark have been very well attended. In 1997, when only 1,400 applications for registration had been published, there were already 350 oppositions. Since 2010, the EUIPO receives between 15,000 and 19,000 opposition applications each year.

It is also interesting to note that almost 2/3 of the oppositions do not result in a decision by EUIPO. They can either be settled by mutual agreement between the parties (by a coexistence agreement in particular) or withdrawn. Indeed, if the opposition is withdrawn before any decision is taken, the opponent may recover part of the costs incurred. For more information on the opposition procedure becomes EUIPO, see our article on the brand guide.

Typologies of Community trade mark applications

Word marks made up the majority of EU trademark applications (with approximately 52% of applications between 2016 and 2018). Figurative marks were the next largest category. Non-traditional marks (3D marks, sound marks, colour marks and position marks) occupy only a residual place (less than 1% of applications). However, as these marks have only been eligible for protection since March 2016, it is estimated that they will grow in the coming years.

Similarly, the overwhelming majority (99,85%) of the trademarks registered at EUIPO are individual marks. The collective marks and certification are not yet very popular with applicants.

Finally, it is very interesting to note that Germany is the leading applicant for European trademarks, with 315,000 trademarks under its belt, closely followed by the United States (291,000 applications). France is only 6^th place in the ranking, with 123,600 marks. As for China, it is filing an increasing number of EU trademarks (12,000 applications in 2017) and aims to enter the TOP 5 of Community trademark applicants in the coming years.