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On 1 July 2026, the European Union Intellectual Property Office (EUIPO) brought into force the latest edition of its Trade Mark Guidelines, providing updated guidance on how the Office examines European Union Trade Mark (EUTM) applications and conducts opposition, cancellation and register proceedings.
Although the Guidelines are not legislation and do not have the force of law, they represent the EUIPO’s official examination practice and are the principal reference point used by examiners, trade mark attorneys and businesses across Europe. They are updated annually to reflect changes in legislation, decisions of the Court of Justice of the European Union (CJEU) and the General Court, as well as developments in administrative practice.
For businesses seeking trade mark protection across the European Union, understanding these updates is essential. The 2026 edition introduces several notable changes that affect examination procedures, contentious proceedings and portfolio management, while also addressing emerging issues such as artificial intelligence.
Why the Guidelines Matter
The EUIPO Guidelines are designed to ensure that trade mark applications are examined consistently across the European Union. While individual cases will always turn on their own facts, the Guidelines provide valuable insight into how the Office is likely to interpret the law in practice.
For applicants, this means greater predictability when preparing applications, responding to objections or defending their rights against third parties.
Keeping up to date with each new edition allows businesses and advisers to adapt their filing strategies, avoid unnecessary objections and improve the prospects of successful registration.
Key Areas of Change
The 2026 edition introduces a number of important updates designed to reflect recent case law, legislative developments and evolving commercial practices. Alongside changes to examination procedures and contentious proceedings, the revised Guidelines also address emerging issues such as artificial intelligence and build upon new harmonised approaches to assessing advertising slogans.
Examination Practice
The revised Guidelines provide updated guidance on examination formalities, the classification of goods and services and the assessment of absolute grounds for refusal.
Particular attention has been given to:
- the classification of goods and services;
- descriptive and non-distinctive trade marks;
- conflicts between trade marks and protected geographical indications;
- examination of newer categories of trade marks; and
- procedural consistency throughout the examination process.
Many of these changes are intended to improve transparency and consistency, ensuring applicants receive a more predictable examination experience while reflecting recent legal developments.
Artificial Intelligence and Trade Mark Applications
Artificial intelligence is rapidly becoming part of the branding process. Businesses are increasingly using AI tools to generate business names, logos, marketing concepts and even draft legal submissions.
Recognising this, the EUIPO’s 2026 guidance confirms that AI can be a valuable assistive tool, but it should never replace proper legal analysis or human oversight.
The Office makes clear that parties remain fully responsible for the accuracy, legality and reliability of any documents or evidence submitted during proceedings, regardless of whether AI has been used to prepare them. AI-generated content should always be carefully reviewed before filing to ensure that it is factually accurate, legally appropriate and does not contain fabricated information or misleading references.
The increasing use of AI also highlights another important consideration. Just because an AI system generates a brand name does not mean that it is capable of registration. Many AI-generated names may be descriptive, lack distinctive character or conflict with earlier registered rights.
Before investing in a new brand, businesses should continue to undertake comprehensive clearance searches and seek professional advice to minimise the risk of infringement or refusal.
Greater Clarity for Slogan Trade Marks
Advertising slogans continue to play an increasingly important role in brand identity, and the EUIPO has provided welcome clarity through the implementation of Common Practice CP17 – The Distinctive Character of Slogans, which is reflected in the 2026 Guidelines.
One of the key messages is that slogans are not subject to a higher legal standard than any other type of trade mark. However, like all marks, they must be capable of indicating the commercial origin of the goods or services.
Consumers often perceive advertising slogans simply as promotional statements rather than indicators of trade origin. Consequently, a slogan that merely praises the quality, value or characteristics of goods or services is unlikely to qualify for registration.
On the other hand, slogans are more likely to possess distinctive character where they:
- require some thought or interpretation;
- contain an element of originality or creativity;
- create surprise or provoke curiosity;
- incorporate wordplay or conceptual ambiguity; or
- leave a memorable impression capable of identifying a single commercial source.
For businesses investing heavily in marketing campaigns, this provides greater certainty when deciding whether a successful advertising slogan may also be suitable for trade mark protection.
Greater Protection for Geographical Indications
Another important update concerns the growing protection afforded to geographical indications (GIs).
The revised Guidelines provide more detailed examination procedures where a proposed trade mark may conflict with protected geographical names, particularly following recent legislative developments extending protection to craft and industrial products alongside traditional agricultural goods.
Businesses operating within industries such as food, drink, agriculture, textiles, ceramics and traditional manufacturing should therefore exercise additional care when selecting new brands to avoid potential conflicts with protected geographical indications.
Opposition and Cancellation Proceedings
The 2026 Guidelines also include several refinements relating to opposition, invalidity and revocation proceedings.
These updates provide greater clarity regarding procedural requirements, evidential standards and the management of contentious proceedings before the EUIPO.
For rights holders, the revised guidance should improve certainty regarding the evidence required to support claims and the procedural expectations throughout disputes.
Applicants defending oppositions should likewise benefit from clearer guidance on procedural compliance and evidential requirements.
Register Operations
The latest edition also contains a number of technical updates affecting register operations, including ownership changes, assignments, licences and other post-registration procedures.
Although these amendments are primarily administrative, they are particularly relevant for businesses managing extensive European trade mark portfolios, where accurate record keeping remains essential.
What Does This Mean for Businesses?
The 2026 Guidelines do not fundamentally change European trade mark law, but they do provide valuable insight into how the EUIPO intends to apply existing principles in practice.
Businesses considering new EU trade mark applications should ensure that:
- proposed brands are sufficiently distinctive;
- specifications of goods and services are carefully drafted;
- clearance searches include consideration of geographical indications where appropriate;
- advertising slogans are assessed not only for marketing value but also for registrability;
- AI-generated branding is properly reviewed before filing; and
- portfolio records remain accurate and up to date.
Taking these steps at an early stage can reduce delays, avoid unnecessary objections and strengthen long-term brand protection.
Looking Ahead
The 2026 Guidelines demonstrate how European trade mark practice continues to evolve alongside technological innovation, changing branding strategies and an increasingly harmonised legal framework.
Whether businesses are using artificial intelligence to develop new brands, seeking protection for creative advertising slogans or expanding into new European markets, understanding the EUIPO’s current examination practice has never been more important.
As trade mark law continues to develop through new legislation and judicial decisions, businesses that keep pace with these changes will be better placed to protect one of their most valuable commercial assets—their brand.
How The Trademarkroom Can Help
Applying for a trade mark involves much more than simply completing an application form. A carefully considered filing strategy can significantly improve the chances of successful registration while reducing the risk of costly disputes in the future.
At The Trademarkroom, our experienced trade mark professionals advise businesses of all sizes on UK, European Union and international trade mark protection. From clearance searches and filing strategies through to oppositions, cancellation proceedings and portfolio management, we help clients protect the brands that matter most.
If you are considering filing a new European Union Trade Mark or would like advice on how the 2026 EUIPO Trade Mark Guidelines may affect your business or existing trade mark portfolio, contact The Trademarkroom today. Our specialist team will be pleased to help you secure and enforce your intellectual property rights with confidence.
