The EUIPO is now taking a big step towards improving quality and certainty with the launch of pre-assessment services in the EUTM Easy Filing form. This is a significant benefit for users of the EU trade mark system, and helps to deliver the EUIPO Strategic Plan 2030, in particular Goal 2: Enhance the value of IP products and services and Priority Impact Area 1: Customer and Quality.

Context and history

IP filing has come a long way in a short time. When EUIPO opened in 1994, the internet was in its early stages, email was only used by a few people and online communication was very slow. Like most other IP offices at the time, EUIPO accepted filings by post and fax. Where there were large numbers of supporting documents, these could be saved on CD-ROMs or optical discs.

Within a decade, online filing was introduced, enabling EUTM applications to be submitted from anywhere in real time. This was followed by many other e-communications services, including TMview in 2010 and Designview in 2012. Fax communications and CD-ROMs were finally discontinued on 1 March 2021.

Another big step came in January 2021 with the launch of EUTM Easy Filing, aimed at small and medium-sized enterprises and individuals in the European Economic Area without a legal representative. Easy Filing for Registered Community Designs (now Registered EU Designs) followed in April 2023.

EUTM Easy Filing can be used for word or figurative trade marks using pre-defined goods and services in TMclass where payment is by credit card and there is only one applicant, but cannot be used to claim priority or seniority or to request EU and/or national search reports.

As technology has enabled greater simplicity and efficiency in the IP filing process, IP Offices, applicants and IP practitioners have adapted to each new development and will continue to adapt in the future.

Pre-assessment services

Pre-assessment checks are the latest initiative to help make the process of applying for trade marks smoother and reduce opportunities for errors.

Already available in the EUTM Filing form and now being added to EUTM Easy Filing, pre-assessment checks provide information on whether a trade mark is deceptive or offensive in any EU language, is registered as an EU domain, or conflicts with a plant variety or geographical indication and can even check if a similar mark has been rejected for similar goods and services.

These checks offer applicants useful information that can help them in deciding whether to go ahead with their EUTM application and whether to make changes to any aspects of the application, such as the classification of goods and services.

However, and this bears underlining, the results are for information only and the tool does not replace examination by EUIPO. In fact, the EUIPO is clear that warnings or potential issues spotted by its pre-assessment services should be a trigger to consult a professional representative.

Some of the new services are driven by artificial intelligence (AI) tools, in line with the Office’s Responsible Approach to AI. This includes introducing AI with a human-centric approach and ensuring full explicability, transparency and accountability in responsible use of AI.

The latest developments are part of a phased introduction that will lead later this year to the launch of a standalone tool with all pre-assessment services. When this is operational, applicants will be able to consult all these services before starting the application process.

Opening up access

Use of IP systems continues to grow, with more than 180,000 EUTM applications filed and more than 120.000 registered EUD applications received in 2024. Despite this there is evidence that many organisations do not fully participate in the IP system.

According to a recent report published by EUIPO and EPO, fewer than 10% of SMEs own registered IP rights (compared to nearly 50% of large firms). This is despite the fact that the report found that companies that own IP rights have 23.8% higher revenue per employee and pay wages that are on average 22.1% higher. For SMEs, the benefits are even greater: those that own IP rights have 44% more revenue per employee compared to those that do not.

As last year’s Draghi Report recognized, IP plays a critical role in driving European competitiveness, wage growth and innovation. Reducing the complexity and cutting out inefficiencies for straightforward IP applications can facilitate the acquisition of IP rights and ultimately help achieve the goals set out in the Draghi Report.

The rollout of pre-assessment checks, and the planned launch of the standalone tool, are the latest step on a continuing journey to use new technologies and tools to facilitate a high-quality IP system that drives economic growth and competitiveness.

Source: https://www.euipo.europa.eu/en/news/the-evolution-of-e-filing