Why you should register your trademark before expanding into the European Union

For any Latin American company planning to expand into Europe, registering a trademark before entering the market is not just a formality—it’s a strategic legal and commercial decision that can safeguard your brand and set the stage for long-term success.

In the European Union, trademark protection is governed by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union Trademark, along with Directive (EU) 2015/2436, which harmonizes trademark laws across Member States.

These legal frameworks allow businesses to apply for a European Union Trademark (EUTM) through a single application filed with the European Union Intellectual Property Office (EUIPO). Once registered, the mark is valid in all 27 EU Member States, making it a cost-effective and efficient solution for companies looking to operate across multiple jurisdictions.

Registering a trademark in the EU grants you exclusive rights to use that mark in connection with your goods or services. More importantly, it enables you to:

• Oppose similar or conflicting trademark applications.
• Enforce your rights against unauthorized use or counterfeiting.
• Request border measures to block counterfeit imports at customs.

From a business perspective, having a registered trademark in the EU adds value to your intellectual property portfolio, making it easier to negotiate licensing agreements, enter into distribution deals, or attract investors. It also sends a strong signal to potential partners and consumers that your company is committed to protecting its brand and operating within a clear legal framework.

On the other hand, failing to register your mark in advance can lead to serious consequences. Third parties—whether opportunistic or acting in good faith—may register a similar or identical trademark before you do, potentially forcing you into costly legal disputes or even requiring you to rebrand.

In short, registering your trademark under EU Regulation 2017/1001 is more than legal protection—it’s a strategic investment that can give your business the legal certainty and competitive edge it needs to thrive in the European market.