A Latin American company can protect its brand in all 27 EU Member States with a single EU trade mark (EUTM) filed at the EUIPO, the EU’s trademark office in Alicante. EU trademark registration for non-EU companies has three rules that catch newcomers: you can file the application yourself, but any later step requires a representative established in the European Economic Area (EEA); every application is published and open to opposition for three months; and once registered, the mark must be used within five years. This guide walks Mexican, Colombian, Brazilian, Chilean, Argentine and Peruvian companies through the process, the 2026 changes and the choice between a direct filing and the Madrid route.
Key takeaways
- Applicants without a seat or real establishment in the EEA must be represented in all EUIPO proceedings other than filing the application (Article 119(2) EUTMR).
- The official fee for an e-filed EUTM is EUR 850 for one class, EUR 50 for the second and EUR 150 for each additional class.
- Third parties have three months from publication to oppose; an opposition starts with a cooling-off period of 2 months that can be extended to 24.
- Companies in Mexico, Colombia, Brazil, Chile or Cuba can also designate the EU through the Madrid System; those in Argentina, Peru or Uruguay cannot, because those countries are not Madrid members.
- The 2026 EUIPO Guidelines tighten how use evidence is assessed for broad categories of goods.
Can a Latin American company file an EU trade mark directly?
Yes. Anyone can apply for an EUTM, wherever they are based. The constraint is representation. Under Article 119(2) of Regulation (EU) 2017/1001 (the EUTMR), natural or legal persons with neither their domicile, nor their principal place of business, nor a real and effective industrial or commercial establishment in the EEA must be represented before the EUIPO “in all proceedings provided for by this Regulation, other than the filing of an application”. The EEA means the 27 EU states plus Iceland, Liechtenstein and Norway, as the EUIPO Guidelines confirm.
Article 120 limits who can represent: a legal practitioner qualified and based in the EEA and entitled to act in trademark matters, or a professional representative on the EUIPO’s list. In practice, a company in Bogotá or São Paulo should appoint its representative at filing. If the examiner raises an objection or someone opposes, there is no time to look for one, and a deadline missed for lack of representation can cost the application.
EU trademark registration for non-EU companies: direct EUTM or Madrid?
There are two routes to the same protection. The Madrid System, administered by WIPO (the World Intellectual Property Organization), lets the owner of a home registration extend it to other members, including the EU, but only if the applicant has an establishment, domicile or nationality in a member (Article 2(1) of the Madrid Protocol). According to WIPO Lex, Mexico, Colombia, Brazil, Chile and Cuba are members; Argentina, Peru and Uruguay are not.
| Factor | Direct EUTM at the EUIPO | EU designation via Madrid |
|---|---|---|
| Who can use it | Any company, from any country | Only companies linked to a Madrid member (e.g. Mexico, Colombia, Brazil, Chile) |
| Basis | Independent; no home mark needed | Needs a home application or registration (the basic mark) |
| Dependency | None | For five years, if the basic mark falls, the EU designation falls too (Protocol, Art. 6(3)); transformation into a direct EUTM is possible within three months |
| Official fees | EUR 850 (one class, e-filing) + EUR 50 + EUR 150 per class beyond two | WIPO basic fee plus the EU’s individual fee; check the WIPO fee calculator |
| Opposition window | 3 months from publication (Art. 46 EUTMR) | 3 months starting one month after publication (Art. 196(2) EUTMR) |
| Best for | EU as the main market, or no Madrid access | Several countries at once, with a solid home mark |
The fee figures come from the class fee table in the 2026 Guidelines (Part B). A direct filing also lets you draft the specification for the EU market rather than inheriting the wording of the home registration, which often matters more than the fee difference.
What are the steps and deadlines of an EUTM application?
- Priority (optional). If you filed at home first, you can claim that date for an EUTM filed within six months (Article 34 EUTMR).
- Filing. In any official EU language, plus a second language chosen from the EUIPO’s five: English, French, German, Italian or Spanish (Article 146). A Latin American company can use Spanish or Portuguese as the first language; the second cannot be the same and cannot be changed later.
- Fee. The basic fee must be paid within one month, or the provisional filing date is lost (Guidelines, Part B).
- Examination. The EUIPO checks formalities, classification and absolute grounds, such as descriptiveness. It does not refuse on the basis of earlier marks on its own initiative.
- Publication and opposition. Owners of earlier rights have three months to oppose (Article 46). If they do, the cooling-off period runs 2 months from the notice of admissibility and can be extended once by 22 months, to 24 in total; then each side has 2 months to file evidence and arguments.
- Registration. Protection lasts 10 years from the filing date, renewable for further 10-year periods (Article 52).
- Use. The mark must be put to genuine use in the EU within five years of registration, or it becomes vulnerable to revocation (Article 18).
The EUIPO also offers a Fast Track for e-filed applications that meet its conditions. We do not quote average timelines here, because they depend on objections and oppositions; the legal deadlines above are fixed.
What changed in 2026 for oppositions and proof of use?
The 2026 edition of the EUIPO Guidelines entered into force on 1 July 2026, as ECTA also reported that day. For a newcomer, four points matter:
- An earlier right relied on in an opposition must remain valid until the decision, as the Court of Justice confirmed in C-337/22 P (5 February 2026).
- After a first six-month joint suspension, a joint request to extend it is granted automatically for 18 months, within the two-year maximum, which gives room to negotiate coexistence.
- Proof of use for broad terms gets more explanation on subcategories. If your mark covers “clothing” but you only sell footwear, expect use to protect only the subcategory you can prove. In an opposition, an opponent whose mark has been registered for five years can be asked to prove use (Article 47(2)).
- A non-use revocation request can be declared inadmissible for abuse of process in exceptional cases, following the Grand Board’s Sandra Pabst decision.
What this means for your business
- Check availability in the EU before filing, including national marks in key states such as Spain, not only EU trade marks.
- Decide who will own the mark: the parent company or the operating subsidiary. Changing owner later means recording an assignment.
- Draft a specification that matches the products you will sell in Europe within five years.
- Use your six-month priority window if you have just filed at home.
- Appoint an EEA representative from day one and put a watch on the EUIPO register for conflicting filings.
Our EU trademark filing service for Latin American and African companies covers each of these steps, and our cross-border IP strategy team can align the EU filing with your home portfolio.
Where Latin American applicants get the EU trademark wrong
- Filing without a representative and then missing a deadline. An objection or opposition triggers the representation requirement immediately.
- Copying the home specification. Andean or Brazilian wording rarely fits EU classification practice or future proof of use.
- Relying on Madrid with a fragile basic mark. If the home mark is opposed and falls within five years, the EU designation falls with it.
- Ignoring the opposition window. Once published, a third party’s application can be stopped cheaply in those three months; afterwards it takes an invalidity action.
- Registering broad terms that are never used, which leaves the mark exposed to revocation after five years.
Frequently asked questions
Does a Latin American company need a European representative to register an EU trade mark?
Not to file the application, but for everything else. Under Article 119(2) of the EU Trade Mark Regulation, applicants without a domicile, principal place of business or real establishment in the EEA must be represented in all EUIPO proceedings other than filing, such as replying to objections or defending an opposition. In practice, a representative should be appointed from the start.
How much does an EU trade mark cost in official fees?
For an individual mark filed electronically, the EUIPO charges EUR 850 for the first class, EUR 50 for the second and EUR 150 for each class beyond two, according to the 2026 Guidelines. An opposition costs EUR 320. Professional fees for searches, drafting and representation are separate.
Can an Argentine or Peruvian company use the Madrid System to reach the EU?
Not on the basis of an Argentine or Peruvian mark, because neither country is a member of the Madrid Protocol according to WIPO Lex. Such companies file a direct EU trade mark at the EUIPO, or use Madrid through a subsidiary established in a member country, such as Spain, Mexico or Chile.
Can IP Global Guard file and manage our EU trade mark from Latin America?
Yes. We run the clearance search, draft the specification, prepare the filing and handle objections and oppositions, acting before the EUIPO directly when our professionals are entitled and, otherwise, through qualified representatives. We coordinate it with your home filings so you keep one point of contact and one billing relationship.
How IP Global Guard can help you enter the EU
An EU trade mark is often the first European asset a Latin American company owns, and the mistakes made at filing tend to surface years later, in an opposition or a non-use challenge. IP Global Guard, the IP services line of META Channel Corporation Limited, manages trademarks across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy; see our coverage across the corridor.
Tell us the mark, the products you will sell in Europe and where you are already registered. We will compare the direct and Madrid routes, check availability and give you a filing plan. Send your brand details to our team.
This article is general information, not legal advice, and reflects the position on the date of publication.
Sources
- EUR-Lex, Regulation (EU) 2017/1001 on the EU trade mark, Articles 18, 34, 46, 47, 52, 119, 120, 146 and 196 (14 June 2017)
- EUIPO, Entry into force of the 2026 edition of the Guidelines for Examination (30 June 2026)
- EUIPO, Decision No EX-26-09 and Guidelines for Examination 2026, Parts A, B and C (30 June 2026)
- ECTA, 2026 EUIPO Guidelines for EUTMs and EUDs enter into force today (1 July 2026)
- WIPO Lex, Protocol Relating to the Madrid Agreement, Articles 2, 6 and 9quinquies
- WIPO Lex, Madrid Protocol contracting parties (database)
