Is use in commerce required with EU trademarks?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

No, a mark doesn't have to be used in commerce in the EU before getting a trademark. As a first-to-file jurisdiction, the EU grants priority rights to a trademark to the first entity to file the application, not the first one to use it in the market. This approach gives brand owners the option to start securing their rights before launching a product or service.

However, the EU's first-to-file system should be used in good faith to secure protection for a future business venture and not to prevent others from obtaining the trademark. For this reason, if a registered EU trademark has not been used in commerce for five years after registration, third parties can challenge the registration, which can result in cancellation.

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