Your EU trademark stops at the Atlantic
An EU trade mark or a national registration protects your brand in Europe and nowhere else. Most European owners reach the U.S. through a Madrid designation, and many first learn about U.S. practice when the USPTO issues a refusal that only a U.S. attorney can answer. We act as U.S. counsel for European brands and the European firms that represent them.
How European owners file in the U.S.
Owners from eight leading European countries filed 125,578 U.S. trademark applications from 2021 to 2025, and 51% of them came through the Madrid Protocol. A Madrid designation is examined under U.S. law, and refusals must be answered by a U.S.-licensed attorney.
U.S. applications by owner country, 2021–2025: Madrid and direct
View data table
| Country | Applications | Via Madrid | Madrid share |
|---|---|---|---|
| United Kingdom | 40,038 | 12,639 | 32% |
| Germany | 24,439 | 15,885 | 65% |
| France | 16,144 | 9,964 | 62% |
| Switzerland | 13,969 | 8,202 | 59% |
| Italy | 12,945 | 9,003 | 70% |
| Spain | 8,810 | 4,366 | 50% |
| Netherlands | 7,834 | 3,750 | 48% |
| Portugal | 1,399 | 663 | 47% |
How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date and owner address. Madrid designations are applications filed under Section 66(a).
How European applications fare
European filings have eased slightly since their 2021 peak, while the Madrid share has held steady. A Madrid designation still has to satisfy U.S. examination, and refusals must be answered by a U.S. attorney.
Share of 2021–2023 applications that registered
Applications from each country that have registered, compared with all USPTO applicants.
European owners register at higher rates than most applicants, largely because they file through experienced counsel and many rely on Madrid or Section 44 instead of proving U.S. use.
View data table
| Country | Applications 2021–23 | Registered | Rate |
|---|---|---|---|
| United Kingdom | 24,680 | 16,868 | 68.3% |
| Germany | 15,561 | 11,808 | 75.9% |
| France | 9,956 | 7,319 | 73.5% |
| Switzerland | 8,809 | 6,249 | 70.9% |
| Italy | 8,117 | 6,291 | 77.5% |
| Spain | 5,255 | 3,678 | 70.0% |
| Netherlands | 4,733 | 3,441 | 72.7% |
| Portugal | 828 | 560 | 67.6% |
European applications by year: Madrid and direct
Applications from the eight countries combined, by filing year.
View data table
| Year | Madrid | Direct | Total |
|---|---|---|---|
| 2021 | 14,269 | 13,438 | 27,707 |
| 2022 | 13,705 | 12,258 | 25,963 |
| 2023 | 12,414 | 11,853 | 24,267 |
| 2024 | 12,430 | 11,822 | 24,252 |
| 2025 | 11,654 | 11,735 | 23,389 |
Where European filings run into trouble
Class headings are not accepted. Wording that works at the EUIPO, such as "clothing" or "computer software," is too broad for the USPTO. Madrid designations with European wording are routinely refused until the goods are rewritten.
Use is required. A U.S. registration based on Madrid or a European registration can issue without U.S. use, but it is cancelled unless U.S. use is shown between years 5 and 6.
Descriptiveness is judged in English, and in translation. Words in German, French, Italian, or Spanish are translated, and descriptive terms are refused just like their English equivalents.
A U.S. attorney is required. Owners domiciled in Europe must be represented by a U.S.-licensed attorney for any response to the USPTO.
Working across the Atlantic
- Miami is six hours behind Central European Time, so our mornings overlap your afternoons
- Reports and drafts written for European counsel, with U.S. law explained clearly
- Deadlines docketed against both USPTO and WIPO dates
- Invoices in U.S. dollars, with wire instructions
Madrid designation or direct filing
A Madrid designation
Filed through the EUIPO or your national office, based on your European application or registration. Efficient when several countries are needed, but for five years the U.S. designation depends on the base filing, and the goods cannot be broadened. See Madrid: Designations of the U.S.
A direct USPTO application
Filed by us with the USPTO, using U.S. wording from the start, and based on U.S. use, an intent to use, or your European filing under Section 44. Best when the U.S. is a priority market or the base filing may be challenged. See Federal Trademark Applications.
Who does what for your U.S. matter
A U.S.-licensed attorney handles each European matter, supported by paralegals and docketing staff. We report to the brand owner or to its European representative, as you prefer.
Attorneys
Your U.S. attorney of record before the USPTO.
- U.S. clearance searches and risk opinions
- Choosing Madrid or a direct filing
- Rewriting European goods descriptions in U.S. form
- Responses to provisional refusals of Madrid designations
- Oppositions, cancellations, and U.S. enforcement
Paralegals and docketing
The people who keep your file complete and on time.
- Reviewing WIPO notifications and USPTO actions
- Collecting evidence of U.S. use and specimens
- Preparing filings and declarations for attorney review
- Docketing USPTO, WIPO, and maintenance deadlines
- U.S. Customs recordation and Amazon Brand Registry
For European counsel
Easy to instruct, easy to report from.
- Reports in English, with Spanish available
- Calls scheduled in your business hours
- Clear estimates before each response
- Copies of every USPTO notice with our comments
- Your client relationship stays with you
Frequently asked questions
Does my EU trade mark protect my brand in the United States?
No. An EU trade mark covers the 27 EU member states only. U.S. protection requires a U.S. application or a Madrid designation of the United States.
Why did the USPTO refuse my Madrid designation?
Most refusals concern the wording of the goods and services, a likelihood of confusion with an earlier U.S. mark, or descriptiveness. Many can be overcome with a well-prepared response by a U.S. attorney.
How long do I have to respond to a USPTO refusal?
For Madrid designations, generally three months from the date of the office action, with one three-month extension available for a fee.
Do you work with our European trademark firm?
Yes. Much of our European work comes from national and EUIPO representatives, and we keep the client relationship with them.
Should I designate the U.S. through Madrid or file directly?
Madrid is efficient when several countries are needed and the base filing is secure. A direct filing is better when the U.S. is a priority market, when U.S.-specific wording matters, or when the base filing may be challenged.
Is my registration safe if I do not use the mark in the U.S.?
Only for a time. A U.S. registration based on Madrid or a European registration must be supported by U.S. use in a declaration filed between years 5 and 6, or it is cancelled.
Can you record my registration with U.S. Customs?
Yes. Once registered, the mark can be recorded with U.S. Customs and Border Protection so that counterfeit imports can be detained.
Do European applications succeed at the USPTO?
More often than average. About 72% of applications from the eight leading European countries filed in 2021–2023 have registered, against 58.9% for all applicants.
Talk to U.S. counsel
Send us your mark, your base filing, and any USPTO notice you have received. We will review it and reply with a recommendation and a written estimate.
- Responses to USPTO refusals
- Madrid designations and direct filings
- U.S. clearance searches
- Oppositions and U.S. enforcement