Can you file with Intent to Use in the EU?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

A simple answer is no. It is not possible to file with an "intent-to-use" in the EU because such an application exists only in the US.

You don't have to provide proof of your sales to the EUIPO when filing your application or in the following months. However, an owner of a trademark is required to use their trademark genuinely.

It is not necessarily required to start using the trademark in commerce immediately after it was registered. There is a grace period of 5 years following the registration when the trademark does not have to be commercially active in the EU market. If you are required to demonstrate that your trademark was put into genuine use within five years from the registration and you fail, you might become subject to sanctions unless you indicate specific reasons for not doing so.

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.