Since 1 July 2026, new EUIPO directives apply to European trademarks and registered EU designs. This entails, among other things, changes for trademarks with geographical names, opposition procedures and the protection of digital designs. What does that mean for your next application?
Geographical names under the microscope
One of the most striking changes concerns protected geographical indications. Think of names such as Champagne, Prosecco or Cognac, which refer to products with a protected geographical origin. The new directives also take into account geographical indications for craft and industrial products.
The EUIPO is broadening its investigation into possible conflicts with protected geographical indications. In doing so, it does not only look at identical or similar products and related services. Similarly, if a trademark takes unfair advantage of, for example, the reputation of a protected name or affects that reputation, the EUIPO may object.
Does your trademark contain a protected geographical name or a reference to it? Then it is not enough to just investigate existing trademarks. Also check in advance what protection that geographical indication provides.
Real champagne, still a problem?
The NERO CHAMPAGNE / Champagne case shows how far that protection extends. The Italian company Nero Lifestyle wished to register NERO CHAMPAGNE as an EU trade mark for, inter alia, wines that met Champagne’s product specifications. The Comité interprofessionnel du vin de Champagne and the French INAO objected to this.
At first glance, there seems to be little to worry about: if the product is actually champagne, why shouldn’t Champagne be allowed to appear in the brand? The General Court of the European Union ruled that this cannot be done automatically. A trademark for real champagne can also take unfair advantage of the reputation of the protected name. The specific characteristics of the brand play a role in this. For example, the Italian word nero (black) can refer to the color of the wine, while champagne can only be white or rosé.
The lesson for trademark applicants? Even if you use a protected geographical name for the right product, the registration of your trademark is not self-evident.
Capital letters make no difference
EUIPO also clarifies its approach when comparing word marks. Whether you write a word in uppercase or lowercase letters does not play a role in the assessment of the similarity. Word marks that differ only in this respect are considered identical by the EUIPO. This is relevant in a trademark search or opposition. A different spelling therefore does not create a distance from an existing word mark.
New rules for opposition
Some procedures concerning oppositions are also changing. If you request an extension of the deadline for the second or subsequent time, you no longer need to send supporting evidence. You must motivate your request and explain which exceptional circumstances justify an extension.
In addition, the parties will be given more room to look for a solution together. After an initial joint suspension of six months, a subsequent joint application can result in a suspension of eighteen months, up to the statutory maximum of two years.
More room for digital designs
Since 1 July 2026, the European design reform has been fully applicable. She takes much more account of designs that are difficult to capture in one still image. For example, you can now present a design in a static, dynamic or animated way. In addition to photos and drawings, you can also use 3D models and videos to show movements or transitions. This opens up new possibilities for protecting digital interfaces, animated logos and other animated designs.
At the same time, the EUIPO sets clear requirements for the presentation. This must be sufficiently clear to get a submission date. In a static performance, you can submit a maximum of ten views, although sometimes one view is sufficient. For a dynamic or animated performance, use one file per design. You can’t combine different types of performances within the same design.
Therefore, before you apply, determine which characteristics you want to protect and how best to display them. The product designation is mainly used for classification; The visual representation makes it clear what you are asking for protection for.
Design procedures become digital
The design registration procedure itself is also making a digital leap. Since 1 July 2026, communication with the EUIPO on registered EU designs has been exclusively electronic. If you send documents by post or courier, the EUIPO does not consider them to have been received. Data carriers are also no longer accepted. Especially when there is a deadline, correct electronic follow-up is essential.
Good preparation counts
The new EUIPO directives show how European trademark and design practice is evolving. They do not constitute legislation themselves, but they do indicate how the EUIPO applies the rules. For companies, the message is clear: strong protection starts with thorough preparation. By making the right choices in advance, you reduce the risk of problems during your application.
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