Safeguard intellectual property in the EU: 10 steps

To safeguard intellectual property when entering the EU, a Latin American company needs European titles in its own name, contracts that keep distributors and suppliers from appropriating the brand, and enforcement tools (customs, platforms and courts) ready before the first shipment. Registrations in Mexico, Colombia or Brazil do not protect anything in Europe. Below are the ten legal steps we recommend for the first year.

Key takeaways

IP rights are territorial: you need an EU trade mark, a Madrid designation of the EU or national filings before launch, not after the first conflict.
An EU trade mark application filed online costs EUR 850 in official fees for one class; companies outside the European Economic Area (EEA) must use a qualified representative for any proceeding beyond filing.
The unregistered EU design runs for three years from first disclosure within the Union; a launch shown only in Latin America may not start it.
A Union customs application for action covers all requested EU countries and must be filed electronically, with an EORI number.

Why must you safeguard intellectual property before entering Europe?

Trade marks, designs and patents protect only where they are granted, and registered marks in the EU go to the first to file. If a distributor or an opportunistic filer registers your brand in the EU first, you start your European business as the infringer.

Four Latin American offices can act as an office of origin under the Madrid Protocol, the WIPO treaty that allows one international application to designate several territories: Colombia (in force since 2012), Mexico (2013), Brazil (2019) and Chile (2022), according to WIPO Lex. The EU has been a Madrid member since 1 October 2004, so companies there can designate it from home; companies in non-members such as Argentina or Peru file directly with the EUIPO (European Union Intellectual Property Office).

The 10-step legal checklist at a glance

Step	What to do	Legal basis
1. Ownership audit	Confirm the company, not founders or agencies, owns marks, designs, software and content	Contracts and national registers
2. Trade marks	Search and file an EU trade mark or a Madrid designation of the EU	Regulation (EU) 2017/1001
3. Designs	File registered EU designs within 12 months of first disclosure	Regulation (EU) 2026/715
4. Representation and watch	Appoint an EEA representative and set up a trade mark watch	Art. 119 EUTMR
5. Distribution contracts	Keep title to the IP, ban local filings, control quality and exit	Art. 21 EUTMR
6. Trade secrets	NDAs, access controls and records of “reasonable steps”	Directive (EU) 2016/943
7. Customs	File a Union application for action through the IP Enforcement Portal	Regulation (EU) No 608/2013
8. Online monitoring	Monitor marketplaces and file DSA notices	Regulation (EU) 2022/2065
9. Enforcement plan	Decide in advance how you will preserve evidence and seek injunctions	Directive 2004/48/EC
10. Dispute clauses	Choose court or WIPO mediation and arbitration in every IP contract	Regulation (EU) No 1215/2012

Steps 1 to 4: titles in the right name

1. Audit who owns what

Check that the company holding the home registrations is the one that will trade in the EU, and that logos, packaging, software and web content created by agencies or freelancers have been assigned to it in writing.

2. File the trade mark before launch

Under Annex I of Regulation (EU) 2017/1001 (EUTMR), the basic online fee is EUR 850 for one class, EUR 50 for the second and EUR 150 for each class beyond two. Run a clearance search first: an earlier national mark in one member state can block the whole application.

3. Protect product designs

Regulation (EU) 2026/715, in force since 1 July 2026, keeps a 12-month grace period for a registered EU design after the designer’s own disclosure (Art. 8(2)) and an application fee of EUR 350. The unregistered EU design lasts three years from the date the design was first made available to the public within the Union (Art. 12), so a launch at a trade fair in São Paulo does not necessarily trigger it. For products whose appearance is the selling point, registration is the safer route.

4. Appoint a representative and watch the register

Article 119(2) of the EUTMR requires companies with no domicile, principal place of business or real and effective establishment in the EEA to be represented before the EUIPO in all proceedings other than filing an application. A watch service then flags conflicting filings within the opposition period.

Steps 5 and 6: contracts with partners and staff

Most European IP problems for Latin American exporters start with a partner, not a counterfeiter. The distribution agreement should state that all marks, designs and goodwill belong to you, that the distributor will not file or register any sign or domain name similar to yours, and that any filing made in breach will be assigned to you. If an agent or representative registers your EU trade mark without authorisation, Article 21 EUTMR lets you claim assignment, but it is a remedy, not a strategy.

For know-how, formulas or supplier lists, the Trade Secrets Directive (EU) 2016/943 protects information only if it is secret, has commercial value because it is secret and has been subject to “reasonable steps” to keep it secret (Art. 2(1)). Sign NDAs with distributors, manufacturers and staff, and keep records of those measures.

Steps 7 to 10: enforcement tools ready from day one

7. Ask customs to watch for you

An application for action (AFA) asks customs to detain goods suspected of infringing your rights. According to the European Commission, since 3 October 2024 applications must be filed electronically through the IP Enforcement Portal (IPEP) or the German and Spanish national portals, and applicants need an EORI number. A Union AFA granted in one member state has effect in every member state requested. Under Regulation (EU) No 608/2013, the action period is up to one year and can be extended on request (Arts. 11 and 12).

8. Monitor marketplaces and file DSA notices

The Digital Services Act (DSA) obliges hosting services to provide electronic notice mechanisms (Art. 16), gives priority to notices from designated trusted flaggers (Art. 22) and requires marketplaces to collect trader identity data before sellers can offer products to EU consumers (Art. 30).

9. Plan how you would go to court

The Enforcement Directive 2004/48/EC gives every member state common tools: measures to preserve evidence, if necessary without hearing the other party (Art. 7), orders to disclose the origin and distribution networks of infringing goods (Art. 8), interlocutory injunctions and seizures (Art. 9) and damages (Art. 13).

10. Choose the forum in advance

Article 25 of Regulation (EU) No 1215/2012 (Brussels I recast) lets parties agree on the courts of a member state, regardless of their domicile. Disputes on the registration or validity of a registered right, however, stay with the courts of the state of registration (Art. 24(4)). For licences and distribution deals across continents, the WIPO model clauses, such as mediation followed by arbitration, avoid litigating in the other party’s home court.

What this means for your business

Before signing with a European distributor: complete the ownership audit and file the EU trade mark.
Before showing the product: file registered designs, or calendar the 12-month grace period.
Before the first shipment: apply for the EORI number and file the Union AFA.
During the first year: run the watch, monitor marketplaces and review every new contract.

If you want these steps run as one project rather than ten separate tasks, our team for IP legal services, from licensing and distribution contracts to enforcement can take it from the audit to the customs file, together with the EU trade mark filings. Where the product involves AI or personal data, the same group also covers the AI Act and the GDPR.

Where companies get this wrong

Waiting for the first sales, by which time a distributor or third party may have filed the mark.
Filing in the name of a founder or local subsidiary, which complicates licences, customs files and litigation.
Relying on an unregistered design that never started, because the product was only disclosed outside the EU.
Signing the distributor’s standard contract, with no IP ownership clause, no ban on local filings and its own courts as the forum.
Treating customs, platforms and courts as separate tasks. Evidence from one feeds the others only if a single team coordinates them.

Frequently asked questions

Does a trade mark registered in Latin America protect me in the EU?

No. Trade mark rights are territorial, so a registration in Mexico, Colombia or Brazil gives no exclusive rights in any EU member state. You need an EU trade mark, national registrations or a Madrid international registration designating the EU.

Do I need a European representative to file an EU trade mark?

Not to file the application itself. Article 119(2) EUTMR exempts filing, but companies without a domicile or real and effective establishment in the EEA must be represented in every other EUIPO proceeding, including oppositions, responses to objections and other procedural steps.

How long does a customs application for action last?

Customs act for the period set in the decision granting the application, which cannot exceed one year under Article 11 of Regulation (EU) No 608/2013. The holder can request an extension; a request received less than 30 working days before expiry may be refused, so diarise renewals well in advance.

Can IP Global Guard handle our EU entry from Latin America?

Yes. We prepare and coordinate the EU trade mark and design filings, acting before the EUIPO directly where our professionals are entitled and through qualified representatives otherwise, draft the distribution and confidentiality clauses, file the customs application and organise online monitoring, all from a single point of contact for Europe, Latin America and Africa.

How IP Global Guard can help you enter the EU protected

IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates registrations, contracts and enforcement with one strategy and one billing relationship across more than 25 jurisdictions; see our coverage in Europe, Latin America and Africa.

Tell us which products and brands you are taking to Europe, in which countries you will sell first and when the first shipment leaves. We will review your current titles, map the gaps against these ten steps and propose a plan for your first year. Share your EU launch plan with our team.

This article is general information, not legal advice, and does not replace an assessment of your specific situation.

Safeguard intellectual property entering the EU: a 10-step legal checklist

Key takeaways

Why must you safeguard intellectual property before entering Europe?

The 10-step legal checklist at a glance