How to Register a Trademark in EU from Australia

By Hollie Ford · 2026-04-24

Australian businesses can register a trademark in the EU through two primary routes: filing directly with the European Union Intellectual Property Office (EUIPO) for a single trademark covering all 27 EU member states, or filing an international application under the Madrid Protocol through IP Australia, designating the EU as a target jurisdiction. A direct EUIPO application starts from €850 for one class filed electronically, while a Madrid Protocol designation to the EU costs approximately AUD $530 (international fee) plus CHF 638 (individual designation fee), with registration typically achieved in 4–8 months if no objections arise.

TL;DR

• Two routes exist: File directly with EUIPO or use the Madrid Protocol via IP Australia — the best option depends on your broader international strategy.
• One application, 27 countries: An EU Trademark (EUTM) provides unitary protection across all EU member states with a single registration.
• Madrid Protocol is cost-efficient for multi-jurisdiction filers: If you're expanding beyond just the EU, bundling designations through Madrid can deliver significant savings.
• Typical timeline is 4–8 months from filing to registration, assuming no oppositions or office actions.
• You must appoint a representative if filing directly with EUIPO, as Australian applicants require an EEA-based representative for direct filings.
• Priority claims from Australian applications can be made within 6 months of your AU filing date under the Paris Convention.
• Ongoing compliance matters: EUTMs must be renewed every 10 years and are vulnerable to revocation for non-use after 5 years.

---

Ready to secure your brand across Europe? Get in touch with our team to discuss the right filing route for your business.

---

Overview

If you're an Australian brand manager preparing to launch into European markets, registering a trademark in the EU is one of the most commercially important steps you can take. The EU trademark system is uniquely powerful — a single EUTM registration grants enforceable rights across all 27 member states, from Germany and France to Ireland and Poland, without the need for separate national filings.

For Australian businesses, the two practical pathways are a direct filing with EUIPO or an international application under the Madrid Protocol lodged through IP Australia. Each route has distinct advantages depending on whether the EU is your sole target or part of a broader multi-jurisdiction expansion.

At Signify IP, we guide Australian businesses through both pathways every day. Our Registered Trade Mark Attorney, Hollie Ford (Registered Trade Mark Attorney, Trans-Tasman IP Attorneys Board), works closely with scaling brands to identify the most strategic and cost-effective filing approach — and to ensure nothing falls through the cracks when you're managing trademarks across multiple jurisdictions.

The Process

Route 1 — Direct EUIPO Filing

1. Conduct clearance searches — Search the EUIPO database (TMView) and relevant national registers to assess availability. Critically, EUIPO does not refuse marks based on prior rights (no relative grounds examination), so clearance is entirely the applicant's responsibility. We run comprehensive searches across EU registers to identify potential conflicts before you file.
2. Appoint an EEA-based representative — Mandatory for applicants domiciled outside the EEA under Article 120 of the EU Trademark Regulation (EUTMR). We coordinate with our trusted network of EEA-qualified representatives to handle this requirement seamlessly.
3. Prepare and file the application — Filed electronically via EUIPO's online system. Goods and services must be classified under the Nice Classification (currently 12th edition). We use EUIPO's TMclass tool to select pre-approved terms and minimise classification objections.
4. Examination — EUIPO examines on absolute grounds only (descriptiveness, distinctiveness, deceptiveness, etc.). This typically takes approximately 1 month.
5. Publication and opposition period — The mark is published in the EUTM Bulletin. Third parties then have 3 months to file an opposition.
6. Registration — If no opposition is filed (or any opposition is resolved in your favour), the mark proceeds to registration.

Route 2 — Madrid Protocol (via IP Australia)

1. Secure a base application or registration with IP Australia — this is your required "home" filing.
2. File an international application through IP Australia, designating the EU (and any other target jurisdictions).
3. WIPO processes the application and forwards it to EUIPO as a designated office.
4. EUIPO examines the designation under the same process as a direct filing — absolute grounds examination followed by a 3-month opposition period.
5. Protection is granted in the EU as part of your international registration.

Our recommendation: If the EU is your only international target, a direct EUIPO filing is typically faster, simpler, and avoids central attack risk. If you're filing in three or more jurisdictions (e.g., EU, US, UK, Singapore), the Madrid Protocol offers administrative efficiency and cost savings. We'll help you map the right strategy.

---

Not sure which route is right for you? Book a free trademark search and we'll assess your options.

---

Key Differences

As Hollie Ford explains: "We often see Australian businesses default to the Madrid Protocol because it feels familiar — it's lodged through IP Australia. But if Europe is your primary market, a direct EUIPO filing can be faster, cleaner, and free from central attack dependency. The right choice comes down to your full international strategy, and that's exactly what we help our clients map out."

Costs

Direct EUIPO Filing (Official Fees)

Madrid Protocol Route (Official Fees)

Important: These are official filing fees only. Professional fees for clearance searches, application preparation, specification drafting, and representation are additional. Speak with our team for a tailored estimate based on your specific filing requirements.

Hollie Ford notes: "The Madrid route can appear cheaper on paper, but Australian businesses need to factor in the cost of maintaining the base Australian application and the 'central attack' dependency period in the first five years. We always run a full cost comparison for our clients before recommending a route."

Sources: EUIPO Schedule of Fees; WIPO Madrid Fee Calculator; IP Australia fee schedule.

Timeline

Direct EUIPO Filing — Typical Timeline

Madrid Protocol Route — Typical Timeline

Complicating factors: Oppositions can add 6–12 months or more. Office actions (absolute grounds objections) require a response within 2 months. Classification issues can cause delays if non-standard terms are used. At Signify IP, we proactively manage these deadlines so you never miss a response window — a common pain point for brand managers juggling multiple jurisdictions.

How We Help

Managing trademark portfolios across Australia, the EU, and other international markets is complex — and missed deadlines or inconsistent specifications can cost you protection in entire jurisdictions. That's the problem we solve at Signify IP.

Our Registered Trade Mark Attorney, Hollie Ford, and the wider Signify IP team provide end-to-end support for Australian businesses registering trademarks in the EU, including:

• Strategic route assessment — We analyse your full international expansion plan and recommend the optimal filing pathway (direct EUIPO, Madrid Protocol, or a hybrid approach).
• Comprehensive clearance searches — Across EUIPO, national EU registers, and common law sources.
• Application preparation and filing — Including specification drafting, classification strategy, and coordination with EEA-based representatives.
• Prosecution and opposition management — We handle office actions, oppositions, and appeals.
• Portfolio monitoring and renewal management — So you never miss a deadline, no matter how many jurisdictions you're in.

We work with brand managers who are scaling fast and need a trademark partner that understands the commercial urgency of international expansion — not just the legal technicalities.

---

You Might Also Like

• How to Register a Trademark in UAE from Australia -- > Australian businesses can register a trademark in the UAE either by filing a direct national application through the UAE Ministry of Economy or by de...
• Trademark Classes Explained: How to Choose the Right Classes for Your Business -- > Trademark classes in Australia are the 45 categories defined by the Nice Classification system that group all goods and services into distinct classe...
• Trademark Attorney in Sydney -- Signify IP -- > A trademark attorney in Sydney helps product business owners register and protect their brand names, logos, and taglines under the *Trade Marks Act 1...
• Trademark Classes Cheat Sheet: Picking the Right Nice Classification for Your Product or Service -- > There are 45 trademark classes under the Nice Classification system used in Australia — Classes 1–34 cover goods and Classes 35–45 cover services. To...
• Trademark Licensing & Assignment Glossary: Terms for Transferring and Commercialising Brand Rights -- A trademark licensing glossary defines the essential legal and commercial terms used when granting others the right to use a brand (licensing) or trans...

FAQ

Do I need an Australian trademark before filing in the EU?

Not if you file directly with EUIPO — a direct filing has no prerequisite for an Australian registration. However, if you use the Madrid Protocol route, you must have a pending application or granted registration with IP Australia as your "base mark." You can also claim priority from an Australian application filed within the previous 6 months under the Paris Convention, regardless of which route you choose.

Can I file an EU trademark myself from Australia?

Technically, you can file a Madrid Protocol application through IP Australia yourself, but for a direct EUIPO filing, non-EEA applicants are required to appoint a representative who is a qualified legal practitioner in an EEA member state (Article 120, EUTMR). Even for Madrid filings, professional assistance is strongly recommended given the complexity of classification, specification drafting, and prosecution. Our team handles both routes regularly for Australian clients.

What is the "central attack" risk under the Madrid Protocol?

If your base Australian trademark (the "home" registration with IP Australia) is cancelled, refused, or restricted within the first 5 years of your international registration, the EU designation (and all other designations) can fall with it. This is known as "central attack" dependency. After 5 years, the international registration becomes independent. This risk is a key factor we discuss with every client when choosing between Madrid and direct EUIPO filing.

Does an EU trademark cover the UK?

No. Since Brexit (1 January 2021), the UK is no longer covered by EU trademarks. Existing EUTMs were automatically cloned into equivalent UK registrations, but new filings require a separate UK application (via the UK Intellectual Property Office) or a separate Madrid Protocol designation. This is a common misconception we encounter with Australian businesses planning European expansion — we'll ensure your strategy covers both markets if needed.

How long does an EU trademark last?

An EUTM registration lasts 10 years from the filing date and can be renewed indefinitely in 10-year increments. Renewal fees start at €850 for one class. Importantly, you must use the mark in the EU within 5 years of registration, or it becomes vulnerable to revocation for non-use under Article 18 of the EU Trademark Regulation.

Can I oppose someone else's EU trademark from Australia?

Yes. Any person or entity, including Australian businesses, can file an opposition against a published EUTM application within the 3-month opposition period. Grounds can include likelihood of confusion with a prior right (including an earlier Australian mark with reputation in the EU, in certain circumstances). Opposition fees are €320 per EUIPO's schedule. We can manage oppositions on your behalf.

What happens if my EU trademark application is refused?

If EUIPO raises an absolute grounds objection (e.g., the mark is descriptive or non-distinctive), you have 2 months to respond. If the objection cannot be overcome, you may appeal to EUIPO's Board of Appeal. If the mark is opposed by a third party and the opposition succeeds, you can also appeal. As a last resort, you may convert a failed EUTM into individual national applications in EU member states where no ground for refusal exists (Articles 139–141, EUTMR).

Should I use the Madrid Protocol or file directly with EUIPO?

It depends on your international strategy. If the EU is your only overseas target, a direct EUIPO filing is typically faster, simpler, and avoids central attack risk. If you're filing in three or more jurisdictions (e.g., EU, US, UK, Singapore), the Madrid Protocol offers administrative efficiency and potential cost savings by bundling designations into a single international application. Hollie Ford and the Signify IP team can advise on the optimal route for your specific circumstances.

---

Have questions about your EU filing strategy? Enquire now and we'll provide tailored guidance for your brand's international expansion.

---

• 11 Ways to Protect Your Brand Before You Even Register a Trademark
• How to Protect Your Brand in China: Australian Business Guide to Chinese Trademarks
• How Do I Protect My Trademark When Expanding My Brand into the US, EU, and Asia?
• Provisional Refusal vs Final Refusal: What Happens When Your International Trademark Hits a Roadblock
• 15 Questions to Ask Before Expanding Your Brand Into International Markets

---

This information is general in nature and does not constitute legal advice. You should obtain specific advice from a qualified trademark attorney regarding your particular circumstances. Signify IP recommends consulting with Hollie Ford, Registered Trade Mark Attorney (Trans-Tasman IP Attorneys Board), for tailored guidance on EU trademark filings from Australia.