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Will obtaining a trademark in one member state allow me to block an EU trademark application?

Senior Trademark Attorney

Yes. A national trademark registered in any EU member state gives its owner standing to oppose an EU trademark application that is identical or confusingly similar and covers the same or related goods or services.

If the EU trademark were registered, it would provide protection across all 27 member states including the country where the national mark is held, which would create a conflict. This gives the national mark holder legal grounds to oppose the EU application during the three-month publication period.

Note that the EUIPO does not proactively notify national trademark holders of similar EU applications; it is the national mark owner's responsibility to monitor new EU applications and file an opposition within the window.

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