Back to Specifics of EU trademarks

Do I have to use my trademark in commerce before applying for an EU trademark?

Senior Trademark Attorney

No. Commercial use in the EU is not required before filing an EU trademark application. The EUIPO is a first-to-file jurisdiction; priority rights go to whoever files first, regardless of prior use.

Once registered, the trademark must be put to genuine use in the EU within five years of registration. Failure to use it within that period makes the registration vulnerable to cancellation for non-use.

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