EUIPO Representative / EU Representative for EU Trademarks – FAQs

Practical FAQ guide and assistance for EUTM applicants facing an Article 41 EUTMR deficiency notice of absence of formal requirements

When filing a European Union Trade Mark (EUTM) themselves, many non-EU applicants (e.g. founders, startups and established companies from outside Europe) encounter a formal obstacle: the requirement to appoint an EUIPO representative (EEA-based professional / representative) for a self-filed EU trademark application. This typically leads to an official communication / formality irregularity / provisional refusal of the European Union Intellectual Property Office (EUIPO) under Article 41 EUTMR because no representative has been appointed (Article 119(2) EUTMR).

The experienced EUIPO representatives of our German Patent and Intellectual Property Law Firm (European Patent, Trademark and Design Attorney as well as German Certified IP Lawyer) are looking forward to assist you in such cases for a low flat fee.

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This short guide with frequently asked questions (FAQs) explains, in a structured and practice-oriented way, how to deal with an Article 41 EUTMR formality irregularity and the requirement to appoint an EUIPO representative:

1. What is an EUIPO representative? Who can represent me before EUIPO?

An EUIPO Representative is a qualified EEA-based trademark professional for legal representation for trademark matters. A so-called “EU Representative” / “EU Trademark Lawyer” is entitled to act for third parties before the European Union Intellectual Property Office (EUIPO) in Alicante in trademark and design matters. Such EUIPO representatives can be e.g. European Patent Attorneys, EU-qualified lawyers, Trademark Lawyers like the experienced IP lawyers at FlatRateIP and / or professional representatives entered in the EUIPO list of representatives.

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2. What is the role of an EUIPO Representative?

The role of an EUIPO representative includes representation of trademarks and designs at the European Union Intellectual Property Office (EUIPO), receiving official communications (e.g. provisional refusals, oppositions, EU trademark certificates for registered EUIPO trademarks), responding to objections, provisional refusals or deficiencies and representing trademark applications in oppositions, cancellations, and appeals at the EUIPO.

3. When is an EU Representative mandatory?

The representation by an EUIPO representative is not always required, but becomes mandatory in some cases.

The most relevant case for a mandatory representation and the hiring of an EUIPO trademark representative is the one under Article 41 EUTMR. This applies after the self-filing of EU trademarks by non-EU residents when the EUIPO issues an Article 41 EUTMR deficiency notice. Those concern European Union trademark applicants without domicile or seat in the EU / EEA (European Economic Area). They can file an European Union trademark, but have to appoint an EU representative for the further proceeding concerning their self-filed applications.

4. Do I need an EUIPO Lawyer to register a Trademark at EUIPO? Can I represent my own EU Trademark Registration?

A DIY trademark application filed directly at the EUIPO is generally possible for applicants from the European Union. Also, EU trademark applications from individuals or companies without domicile or seat in the EU/EEA are possible. However, the EUIPO will normally issue a provisional refusal in such a case and will ask to appoint an EUIPO representative to proceed with the examination and to not risk a refusal of the application.

5. I am from outside the EU: Do I really need an EU Representative to register my EUIPO Trademark?

If you are from outside the EU, you need an EU trademark representative for your trademark application. This e.g. concerns trademark applicants from countries like Great Britain / United Kingdom, Switzerland, Australia, New Zealand, the United States of America, the United Arab Emirates, China, Turkey etc., which we’ve already represented in such matters.

6. EUIPO formality irregularity based on Article 41 EUTMR – what does it mean?

If you receive an EUIPO notice titled “Deficiency under Article 41 EUTMR – appointment of representative required” for your self-filed EU trademark application / Union trademark filing this means that your application is formally incomplete and the EUIPO will not proceed further unless a qualified EU representative is appointed. You are further given a deadline (usually 2 months) to appoint a EUIPO representative for your European Union trademark application.

7. What is the consequence, if I do not appoint an EU trademark representative after an EUIPO formality irregularity based on Article 41 EUTMR?

If I do not appoint an EU trademark representative after an EUIPO formality irregularity based on Article 41 EUTMR a failure to comply leads to the refusal of your EU trademark application and the loss of already paid EUIPO official fees of at least 850 € and of the trademark application date.

8. Quick solution: appointing EUIPO representation only for a low flat fee

If your goal is simply to fix the deficiency (and nothing more), you can instruct an European Union Intellectual Property Law Firm like FlatRateIP® only for the recordal as representative and acting as address for service.

This is a common and legitimate approach and we offer low flat fees / fixed prices for such EUIPO representation only services.

9. What’s the cost of hiring an EUIPO Trademark Representative? How much does an EUIPO representation cost?

Normally, such appointments as EUIPO representative lead to low costs and are handled by us for a (low) flat fee price. If you send us your EUIPO irregularity notice and information about your self-filed EU trademark, we are happy to send you our offer and further information within short notice.

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Typical workflow at FlatRateIP® for self-filed EUIPO trademarks:

  1. You contact an experienced EUIPO representative / IP Law Firm like FlatRateIP®
  2. We agree on the terms and conditions and send you our POA and invoice
  3. After receipt of the full payment and signed POA, we file a recordal request with the EUIPO and are appointed as EU representatives
  4. Soon after we become your official address for service, the deficiency is normally cured and the application is published soon after
  5. We keep you updated about relevant developments and notifications of the EUIPO (e.g. forwarding of EUIPO trademark certificate) and inform you about respective deadlines (e.g. priority deadline, end of grace-period for non-use, trademark renewal)

At our experienced German Patent and Intellectual Property Law Firm FlatRateIP® we’ve already successfully handled a lot of such cases and if necessary, we can react to the irregularity according to Article 41 EUTMR for self-filed EU trademark applications the same day or within a short timeframe (after receipt of the payment and subject to availability of our trademark professionals).

Your advantages with FlatRateIP® as your EUTM Representative:

  • Experienced German and European Trademark and Design Attorney: Lots of experience with EUIPO trademark filings and EU representation matters
  • Supporting clients from outside the EU for many years
  • Low flat fee prices and NO hidden fees
  • Quick turnover time

An Article 41 EUTMR deficiency notice is easy to overcome and we are ready to quickly act as your EUIPO representative for your self-filed EU trademark application and take over its representation to remedy the complaint.

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