[Guest Post] New Guidelines on EU Trademarks – What Should Every Business Know?

[Simone Lorenzi]

[Guest Post] New Guidelines on EU Trademarks – What Should Every Business Know?

 Simone Lorenzi Wednesday, July 01, 2026 - EUIPO, Natalia Basałaj, trade marks

The IPKat has received and is pleased to host the following guest post by Natalia Basałaj (Hansberry Tomkiel Law Firm). Here’s what Natalia writes:

New Guidelines on EU Trademarks – What Should Every Business Know?

by Natalia Basałaj

Studying the new EUIPO Guidelines: precision is the name of the game

On 1 July 2026, a new edition of the Trademark Guidelines of the European Union Intellectual Property Office (the “EUIPO” or “the Office’’) will enter into force. The updated guidelines will be published on the Office’s website. Although the document is not legally binding, it serves as a key reference point for EUIPO’s examiners and businesses, shaping decision-making practice across the European Union.

The upcoming changes send a clear message to entrepreneurs: the EUIPO is moving from a liberal approach towards a more restrictive assessment of trademark applications. Below, are the key areas that require attention.

AI and future technologies under EUIPO scrutiny

Businesses operating in AI, SaaS, and Web3 sectors should prepare for the end of overly broad product and service descriptions. The EUIPO is shifting away from accepting vague terms such as “virtual goods”, “cryptocurrencies”, or “AI devices”, considering them insufficiently precise.

Under the new approach, applications must describe not the technology itself, but the specific function of the product or service. Instead of a general reference such as “AI software”, applicants will need to clearly define its use:

• Classification by function: rather than indicating the technology (such as simply, AI), applicants must specify what the product actually does (e.g. “AI-based medical diagnostic software”, “AI-powered skin condition analysis and personalized treatment recommendation software”, or “AI-based fashion styling advisory tools”).
• Robotics: instead of a general “AI device” description, applicants may need to specify more detail, for example, “humanoid robots with AI functions for elderly care”.

Advertising slogans – a higher threshold for registration

Registering catchy slogans as trademarks will become more difficult. The EUIPO plans to apply stricter scrutiny to slogans composed of commonly used words. Examples of marks that have faced difficulties include “Beyond Chocolate” and “NOT MILK”.

Revolution in Geographical Indications (GI)

This is one of the most significant changes. Previously, the protection of geographical indications (GIs),were mainly associated with wines and agricultural products. Now, under the Guidelines, GIs will be extended to craft and industrial goods (e.g., ceramics, leather goods, lace).

• Ban on “imitative” descriptions: The Office is moving away from accepting formulations such as “cava; wine, sparkling wine; fortified wine” or “tequila, tequila liqueur”. Under the new practice, the correct designation should directly refer to the protected geographical indication or traditional name, e.g., “Cava (GI) wine” or “Tequila (GI) spirit”.
• Risk of “evocation”: The EUIPO will more actively assess whether a new mark creates an overly strong association with a protected region or product reputation, even without explicitly using the name. An example is the “NERO CHAMPAGNE” case (T-239/23), where the name was found potentially misleading due to its association with the “Champagne” - protected designation of origin.

 More efficient and predictable opposition proceedings

The new guidelines introduce important procedural improvements in contentious proceedings:

• Strategic request for proof of use: An applicant may initially limit their submission to requesting proof of use of the earlier trademark by the opponent. If such a request is deemed inadmissible, the EUIPO will grant an additional month to submit full, substantive arguments.
• Longer suspension periods: Upon mutual request, proceedings may be suspended for a total of up to two years.
• Continuity of rights: The earlier right must remain valid throughout the entire proceedings; its expiration during the dispute will prevent a decision based on that right.
• Due cause: The Office clarifies situations where use of a conflicting mark is justified, e.g., when it was used in good faith before the filing of a well-known mark and had already established a market presence.

 Procedures and enforcement against “bad faith”

The new guidelines systematize rules for combating abuse. Bad faith will include, among others: parasitic exploitation of another party’s reputation, defensive registrations, and re-filings of identical marks solely to avoid genuine use requirements.

 What does this mean for businesses?

A routine approach to trademark filings will no longer be sufficient. Entrepreneurs should now focus on strategic planning, including:

1. Detailed specifications: Precisely defining the functions of goods and services.
2. Enhanced clearance searches: Checking conflicts not only with trademarks but also with the EU register of geographical indications (GI).
3. Evidence collection: Under the new EUIPO practice, real market evidence and consumer perception of the mark will play a crucial role.

From 2026 onward, effective EU trademark protection will depend on greater precision already at the filing stage. A well-prepared strategy and documentation will help reduce disputes and secure stronger, more predictable protection across the European market.

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