, logo = EUIPO logo in English.svg , picture = EUIPO_building_garden.jpg , picture_caption = EUIPO building , formed = , preceding1 = Office for Harmonization in the Internal Market (OHIM) , preceding2 = , dissolved = , superseding = , jurisdiction =

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

, headquarters =

Alicante Alicante ( ca-valencia, Alacant) is a city and municipality in the Valencian Community, Spain. It is the capital of the province of Alicante and a historic Mediterranean port. The population of the city was 337,482 , the second-largest in t ...

, Spain , coordinates = , map = , map_width = , map_caption = , motto = , employees = 775 , budget = , director_general = , chief1_name = João Negrão , chief1_position = Executive Director , chief2_name = Andrea Di Carlo , chief2_position = Deputy Executive Director , chief3_name = Jorma Hanski , chief3_position = Chairperson, Management Board , chief4_name = José Antonio Gil Celedonio , chief4_position = Chairperson, Budget Committee , chief5_name = , chief5_position = , chief6_name = , chief6_position = , chief7_name = , chief7_position = , chief8_name = , chief8_position = , chief9_name = , chief9_position = , parent_department = , parent_agency = , child1_agency = , child2_agency = , keydocument1 = Regulation (EU) 2017/1001 , website = , footnotes = The European Union Intellectual Property Office (EUIPO) (french: links=no, Office de l'Union européenne pour la propriété intellectuelle) is a decentralised agency of the EU responsible for the registration of EU-wide unitary

trade marks A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from other ...

and

industrial design rights An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or co ...

. These exist alongside the

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

rights of individual

EU member states The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

, so the agency also works to harmonise EU-wide and national registration processes. Other responsibilities include the administration of the rights of certain products in the EU to carry

geographical indication A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, ...

s. EUIPO was founded in 1994 and was formerly known as the Office for Harmonization in the Internal Market (OHIM), but was renamed in March 2016 to reflect major reforms. The EUIPO is based in

, Spain.

Functions and activities

Intellectual property registration

The Office is in charge of managing the registration of the

EU trade mark A European Union trade mark or EU trade mark (abbreviated EUTM; named ''Community Trade Mark'' (''CTM'') until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a na ...

and the registered Community design and offers businesses and citizens exclusive rights for trade mark and design protection throughout the

(EU), with a single application. Every year, it registers an average of 135,000 EU trade marks and close to 100,000 designs. The

European Union trade mark A European Union trade mark or EU trade mark (abbreviated EUTM; named ''Community Trade Mark'' (''CTM'') until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a na ...

(EUTM) (formerly known as "community trade mark") grants exclusive rights in all current and future Member States of the European Union through a single registration, filed online. The basic registration fee is EUR 850 and it covers one class of goods and services. An EU trade mark registration lasts for 10 years but can be renewed indefinitely in blocks of 10 years. The registered Community design (RCD) also grants exclusive rights throughout the European Union and future Member States. The fee for registering and publishing one design is EUR 350. A registered Community design is initially valid for five years from the date of filing and can be renewed in blocks of five years up to a maximum of 25 years. Its work also includes the harmonisation of registration practices for trade marks and designs and the development of common

(IP) management tools. This work is carried out in cooperation with the national and regional IP offices throughout the EU-27, user associations and other institutional partners with the objective of offering users of the trade mark and design system a similar registration experience, be it at national or at EU level. The agency works in five languages (English, French, German, Italian and Spanish) but processes trade mark and design applications in 23 official languages of the EU.

Geographical Indication

EUIPO administers

(GI) registration in the EU for agricultural products whose qualities are specifically linked to their area of production (e.g. certain wines and cheeses) and provides a database of registered GIs. On 16 November 2023, a new EU regulation entered into force which introduced a new geographical indication (GI) protection scheme for craft and industrial products in the EU and giving EUIPO the authority to administer it. From 1 December 2025, the EUIPO will be responsible for the registration of

s (GIs) for craft and industrial products. It will be possible to file applications for the registration of names of craft and industrial products meeting the necessary requirements in the EU.

Other activities

Since 2012, the EUIPO has managed the European Observatory on Infringements of Intellectual Property Rights, a network of public and private stakeholders working against piracy and

counterfeiting To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...

. Additionally, the EUIPO is charged with establishing and managing portals on EU Orphan Works and EU Out of Commerce works, including a database to register these types of works. The DesignEuropa Awards are organised by the EUIPO every two years to celebrate excellence in design and design management among registered Community design (RCD) holders, whether they are individual rights holders, small businesses or large enterprises. The first edition of the awards took place in Milan in 2016.

History of key regulations

The regulation establishing the EUIPO was adopted by the Council of the European Union in December 1993 and revised on two occasions, in 2009 and in 2015. It created the European Union trade mark (formerly known as the Community trade mark) as a legal instrument in European Union law and established the EUIPO (then known as Office for Harmonisation in the Internal Market, or OHIM) as an

EU agency The agencies of the European Union (formally: ''Agencies, decentralised independent bodies, corporate bodies and joint undertakings of the European Union and the Euratom'') are bodies of the European Union and the Euratom established as juridica ...

with legal, administrative and financial autonomy. Council Regulation (EC) No 6/2002 of 12 December 2001 created the registered Community design. On 23 March 2016, the Office changed its name to the European Union Intellectual Property Office upon the entry into force of Regulation 2015/2424. The Regulation brought about changes in three areas: # Trade mark fees: The fee system changed from a basic fee that covered up to three classes of goods and services to a 'pay-per-class' system, with an online fee of EUR 850 for one class, EUR 50 for the second class, and EUR 150 each for three or more classes. # Technical: As well as changes in the graphic representation of the mark, examination proceedings, absolute grounds of refusal, relative grounds of refusal, goods and services, opposition and cancellation proceedings and appeals. It also created the certification mark system, permitting certifying institutions to use a new type of trade mark at EU level for goods or services complying with certification requirements. # Institutional: The Regulation clearly defined all the tasks of the EUIPO, including the framework for cooperation and convergence of practices with national and regional IP offices in the EU. In 2017 this was replaced by Regulation (EU) 2017/1001, which consolidated and updated the previous regulations. On 23 March 2016, the agency changed its name to the European Union Intellectual Property Office upon the entry into force of Regulation 2015/2424. Several positions and the governing board were also renamed to mirror these changes; for example, the title of the head of the agency was changed from President to Executive Director. A new EU Regulation on geographical indication protection for craft and industrial products was published on 27 October 2023 and entered into force on 16 November 2023. Producers and manufacturers of these products will be able to file applications for GI protection with the EUIPO from 1 December 2025.

Governance and structure

The governance structure of the EUIPO consists of a management board and a Budget Committee, each composed of one representative from each Member State, two representatives from the

European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...

and one representative from the

European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...

. The

Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...

decides on the appointment of the Executive Director, the Deputy Executive Director, and the President and Chairpersons of the Boards of Appeal.

Boards of Appeal

The OHIM Board of Appeal is an

administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...

body of the Office for Harmonization in the Internal Market (OHIM), which is responsible for deciding on appeals in

trade mark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. ...

and design matters registered in the

. They are able to make decisions based on points of law and points of fact. The Boards of Appeal are headed by the President of the Boards of Appeal, appointed by the Council of Ministers from a list prepared by the Administrative Board of

OHIM The European Union Intellectual Property Office (EUIPO; french: links=no, Office de l'Union européenne pour la propriété intellectuelle), founded in 1994, is the European Union Agency responsible for the registration of the European Union trad ...

. The individual Boards are chaired by members appointed by the Council of Ministers. Other members of individual Boards are appointed by the Administrative Board of

. Boards are allowed to hear new evidence at their discretion, although not obligated to do so. The Boards of Appeal are made up of four Boards for trade mark cases and one for design. There is an additional Grand Board which may hear any cases appealed through

. A case heard by a Board of Appeal is made up of three members. This includes the Chairperson, who must sit on every case. Two members of the Board must be legally qualified, though in some instances cases can be decided by the Grand Board or a single member. The Grand Board is made up of nine members. It includes the presidents and chairpersons of the Boards, as well as some ordinary board members. The Board was set up by Council Regulation 422/2004. Cases are referred to the Grand Board based on legal difficulty, importance, or under special circumstances. In some cases, the Presidium may refer a case to the Grand Board. The Presidium oversees the rules and organisation of the Boards of Appeal. It consists of the President of the Boards of Appeal, the Chairpersons of the Boards, and three board members elected for a calendar year.

References

External links

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New EU trade mark regulationEuropean Observatory on Infringements of Intellectual Property RightsTransparency PortalEU Agencies NetworkDesignEuropa Awards
{{Authority control 1994 in the European Union European Union trademark law Intellectual property organizations Agencies of the European Union Trademark law organizations Alicante Government agencies established in 1994 International organisations based in Spain Intellectual property law of the European Union