Overview of EUIPO statistics trends

«The eightyear period from 2010 to 2018 was defined by the remarkable expansion of the European Union Trade Mark (EUTM), which experienced exceptional growth rates in application  filings and registrations, as well as associated procedures such as oppositions, cancellations and renewals.» – EUIPO Focus Evolution.

 

We truly live in the interesting period, where lots of unique processes run through our eyes, and one of that, especially in the law area, is a great evolution of the EUTM from times of its birth in 19996. Actually, it is better to reflect the trade mark’s registration development in the period from 2010 to 2018 and especially during last year, making some expectations for 2019.

To begin with, we would like to share some amazing numerals with you. For instance, 2018 was another record year for trademark applications at the EUIPO, with nearly 125,000 EUTM applications received in the 12-month period: filing volume still grew by nearly 5% compared with 2017. Moreover, China takes 4% among top-10 high-end countries in the field of application filling with an average annual growth rate of 39,4%. One of the leading Chinese applicants is «Huawei» (with 244 application in 2018) and «Guangdong Oppo Mobile Telecommunication» (with 79 application in 2018 respectively). In fact, they are both situated in the top-20 of the EUTM applicants in the last year by application volume. Actually, the growing prevalence of technology-based enterprises in the global economy is further corroborated by the very robust growth in EUTM registration by the Chinese telecommunications equipment and services companies.

Interestingly, the most popular Nice classes among the last ten years are Class 9, 35 and 42. But, however, the leading company in the 2018 rate is L’Oreal with its great variety of different cosmetics products. In addition, it is necessary to mention, that not only huge corporations or quite well-known companies start to register trademarks in the EU actively, but there were also lots of small or unknown business on the market who rushed into the list last year as well.

Talking about China, there is an area where the country is the leading one and it is quite a delightful statistic for applicants. Chinese dominated in the EUIPO registration with the successful outcome: applications from China had a very high registration level (only 98 applications out of 12,019 have been rejected or withdrawn in 2018). Therefore, Chinese applicants achieved 80 registrations for each unsuccessful application. On the other hand, US applicants achieved 17 registrations per failed application, while German applicants matched the overall register average of 15 registrations for each failed application.

The reason for such a hit is Chinese applicants tend to be extremely unusual by Western standards, and therefore less likely to be considered descriptive or to clash with existing marks. The other advantage is taking a different approach when it comes to the number of classes Chinese applicants file in.

According to that, there is no name of Chine in a list of top-10 countries where a big number of cancellations take place. However, opposition filings against Chinese applications had the highest growth rates, with a 33.0% average annual rate and 552.4% more opposed EUTM filings in 2018 than in 2010. These extremely high figures are directly linked to the remarkable growth rate of overall applications from China during the last eight years, not because of the application quality.

There is only one thing about EUTM that could bring a great unexpected influence on the EUTM ratings in 2019 — Brexit. With the United Kingdom set to leave the EU in 2019, and the considerable uncertainty over how that will play out, it is hard to predict what will happen on the EUIPO register. But assessed globally, the European Union is still the second largest consumer market in the World, and this fact makes the EUIPO one of the key trademark registers for brand owners. As a result, EUTM development will increase by all means.

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