Drop in EUTMs will cost national IP offices

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Drop in EUTMs will cost national IP offices

EUIPO office, Alicante
EUIPO office, Alicante

The EUIPO won’t be able to offset member states’ costs due to poor financial performance this year

The EUIPO will not issue lucrative payouts to national intellectual property offices in 2024 because of a drop in trademark filings this year, the office confirmed to Managing IP today, December 7.

The latest EUIPO budget, adopted on November 24, predicted that the office would not generate a surplus in the 2022 financial year, meaning a mechanism for compensating national IP offices would not be triggered.

A statement from the EUIPO to Managing IP said the office had been hit by global economic uncertainties and rising inflation.

The office took measures to control expenditure as soon as it became clear trademark filings would fall this year, the statement said.

“However, the general increase in prices and inflation, combined with the loss in revenue cannot be compensated by saving measures without significantly affecting the office capacity to operate and the level of services provided to customers,” it added.

Under the 2017 Trademark Regulation, the EUIPO can use 5% of its total revenue in a financial year to offset costs incurred by national IP offices related to the EU trademark system.

But, under the rules, the offsetting mechanism is only triggered if the EUIPO generates a surplus.

The office projected revenues of just under €287 million ($302 million) for this year, representing a fall of €17 million ($17.9 million) from 2021.

The EUIPO would need to generate an additional €27 million ($28.4 million) in 2022 to trigger to be able to offset national offices' costs.

Offsetting payments would have been made in the first quarter of 2024 after the accounts for the 2022 financial year had been closed and signed off.

The mechanism was first triggered in 2018 and subsequently took effect in each of the following three years.

The EUIPO budgeted €15.1 million ($15.9 million) for offset costs in 2023, a figure that corresponded to 5% of the office’s revenue in 2021.

Departing EUIPO executive director Christian Archambeau predicted two weeks ago that EU trademark filings could fall by 12% this year compared to 2021.

Archambeau, who recently lost a vote to extend his term as executive director, attributed the fall to events such as Russia’s invasion of Ukraine.

It is understood that the EUIPO’s disappointing financial performance was discussed at a joint meeting of the management board and budget committee (MBBC) on November 24.

This was the same meeting in which the MBBC voted to replace Archambeau as executive director.

more from across site and SHARED ros bottom lb

More from across our site

Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Gift this article