Back to blog
Brand Protection

EU trademark vs. national trademark: what does your startup need?

16 April 20265 min read

You're building a brand. Investing in a logo, name, and marketing. Then you discover someone else was using your name first — and you need a rebrand. Or the reverse: you were first, but you can't prove it because you have no trademark.

How does a trademark work?

A trademark gives its owner the exclusive right to use a designation in specific classes of goods and services (the Nice Classification has 45 classes — from food to software). Without one you only have so-called rights from prior use — difficult to enforce and entirely dependent on how well you can document your usage history.

National trademark (Czech Republic)

  • Filed with the Industrial Property Office (ÚPV) in Prague
  • Valid only in the Czech Republic
  • Fee: from approx. CZK 5,000 per class
  • Processing time: approx. 6–12 months
  • Valid for 10 years (renewable)

EU Trademark (EUTM)

  • Filed with EUIPO (Alicante, Spain) — everything online
  • Valid in all 27 EU member states
  • Fee: from EUR 850 per class
  • Processing time: approx. 4–6 months
  • Valid for 10 years (renewable)

When should you go straight to EUTM?

If you're planning European expansion (and who isn't?), EUTM gives far broader protection at a nearly comparable cost. One registration covers the entire EU — instead of 27 separate proceedings in each country.

For startups targeting the European market, we recommend EUTM as the default choice.

When is a national filing better?

There's an important exception: if your mark conflicts with an existing trademark in another EU member state, your entire EUTM application will be refused (one conflict in one country is enough). In that case, a national registration in the Czech Republic is more practical and faster — at least until you resolve the conflict.

Absolute grounds for refusal — what to watch out for

Applications may be refused on the following grounds:

  • Descriptiveness: "Fast Loan" for financial services or "Healthy Food" for restaurants cannot be registered — descriptive terms must remain free for all to use
  • Confusing similarity: too similar to an existing trademark (phonetically, visually, or conceptually)
  • Deceptiveness: the name must not mislead consumers about the nature or origin of the goods
  • Generic character: terms that have become generic (like "Aspirin" or "Thermos" once were)

Key tip: verify availability BEFORE building the brand

The most common mistake: a startup spends tens of thousands on a logo, website, and marketing — and only then discovers the name can't be registered, or someone else already owns it. Check trademark availability before you invest anything in the brand.

We'll run the search for you and handle the entire filing process — national or EUTM.

Need help with this topic?

Write to us — first consultation is free and without obligation.

Back to all articles
Made with AI in Macaly