Seller Handbook

As a small-business owner, it is essential to secure your intellectual property (IP) from the outset. Understanding how different IP rights, like trade marks, copyrights, geographical indications and designs are protected across different markets, can help you safeguard your brand, protect your creative work, and support business growth.

The EUIPO supports small and medium-sized enterprises (SMEs) throughout the EU by raising awareness on the importance of protecting IP rights and by providing relevant tools, services, and resources for SMEs.

To support online sellers in e-commerce marketplaces, we have created a dedicated IP landing page with essential IP information, information about EUIPO support initiatives (such as financial support), and a link to file EU trade marks online.

In addition, the EUIPO offers a dedicated website providing Intellectual Property Support for Small Businesses, available in 23 EU languages, where entrepreneurs can find comprehensive information on IP rights, practical guidance and tailored resources.

The EUIPO’s role

The EUIPO manages:

• EU trade marks (EUTMs)
• European Union designs (EUDs)
• Geographical indications (GI) for craft and industrial products

Common types of intellectual property

Trade marks

A trade mark protects the commercial origin of a product or service. That is, trade marks serve to distinguish specific products or services and the companies offering them from their competition, and they also serve as a legal tool to defend it against trade mark infringement by competitors.

There are different types of trade marks that can be registered in the EU, including:

• Word
• Figurative (graphic element)
• Colour
• Sound
• Shape
• Position
• Pattern
• Motion
• Multimedia
• Hologram marks

The owner of a trade mark will only get protection in the territory where the trade mark is registered. You can register trade marks in a specific EU country, across all EU Member States through the EUIPO, or internationally via the World Intellectual Property Organization (WIPO). Registration lasts for an initial duration of 10 years from the application date, and can be renewed indefinitely for additional 10-year periods.

Before you apply, you can use the EUIPO’s Early Trade Mark Screening free tool to get quick, practical insights and help reduce the risk of refusal before investing time and fees.

How to register

You can apply for an EUTM using the EUIPO’s Easy Filing form. Once registered, your EUTM grants exclusive rights and protection in all 27 EU Member States.

Easy Filing is a streamlined, three-step form designed for applicants in the European Economic Area (EEA) who are applying to register a word or figurative trade mark without the help of a legal representative.

The Easy Filing form generally means the review process takes half the time it usually takes to process regular applications, provided that the conditions are met. Another benefit is a virtual assistant that will guide you through the application process.

Designs

Design protects a product’s appearance resulting from its features, in particular the lines, contours, colours, shape, texture, and/or materials of products itself and/or of its decoration, including the movement, and the transition to any other sort of animation of those features.

To protect a design, it must be new and have individual character.

Having a European Union design (EUD) provides its owner with the exclusive right to use it, and to prevent any third party from using it in the EU without the owner’s consent.

An EUD is initially valid for 5 years from the filing date and can be renewed for 5-year periods, up to a maximum of 25 years. It provides uniform protection throughout the 27 EU Member States.

How to register

You can submit a single online application for a design through the EUIPO.

You can also register nationally if you only need to do business in one country, or internationally via WIPO, if you plan to sell products incorporating the design in different countries, especially those outside of the EU.

Geographical indications

A geographical indication (GI) is another type of intellectual property right. It protects a name of a product that has a specific geographical origin and owes its qualities and/or reputation to its particular origin.

How to register

For more information and details on how to apply, check the EUIPO’s GI Hub and GIportal.

Copyright

Copyright gives creators exclusive rights over the use of their original works, including reproducing, distributing, and sharing them with the public.

It applies to books, music, photos, films, software, databases, design works and any other original expressions of human creativity.

Copyright is granted automatically. While there is no unified EU copyright title, creators receive protection under the national laws of all 27 EU Member States.

Copyright lasts 70 years after the author’s death or the last surviving author, in the case of joint authorship.

For more information, check the EUIPO’s Copyright Knowledge Centre.

How to register

Unlike some other areas of IP law, there is no universal EU copyright; each of the Member States has their own copyright laws and policies.

You can learn more about EU copyright legislation in this EUIPO consumers FAQ.

Additional tips and resources

• Financial support is available for EU and Ukrainian SMEs through the SME Fund which, inter alia, partly reimburses the registration fees for trade marks and designs (up to 75% on IP right applications and 90% on an IP Scan).
• Access free personalised intellectual property support for EU-based SMEs.
• Use the free online databases eSearch plus or TMview to check if there are similar trade marks already registered.
• Consider picking a distinctive and non-descriptive sign to reduce the risk of rejection during the substantive examination at the EUIPO.
  • A distinctive sign allows consumers to distinguish the goods and services of one trader from those of another.
  • Non-descriptiveness means that the sign is not exclusively a description of the item (i.e. value, quality, subject).
• Use the EUIPO’s Harmonised Database to determine the types of goods and/or services you are seeking to protect with your trade mark to ensure that the list of terms is accepted.
• Think about registering a suitable domain name and check if it is available.
• For more information check the EUIPO FAQs on Domain Names and EURid website about the availability of the .eu domain name and the registration process.

Other helpful Etsy links

• Check out Etsy’s Ultimate Guide to Etsy Policy for guidance on how to own and grow your brand on Etsy and beyond.
• Visit the Etsy Reporting Portal, an easier way to register your brand and report listings that you suspect may violate your intellectual property rights.

Friendly disclaimer: If you list products for sale on Etsy, you must comply with all federal, state, and local legal requirements and Etsy policies applicable to those products and product listings. This article is for informational purposes only, is subject to change over time, and is not legal advice. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The authors, Etsy, Inc. and Etsy Ireland UC, disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Please consult an attorney or legal expert if you have any questions.