2016–2026: Innovation & the next chapter of the EUTM

The European Union Trademark (EUTM) system has officially crossed the 30-year milestone. What began as a bold experiment in regional integration has matured into a sophisticated, autonomous legal framework. In the final episode of our podcast series, moderator James Nurton sits down with Pieter De Grauwe (Gevers), Nicolas Foot (Sandoz), and Jozefien Vanherpe (KU Leuven) to discuss how the last decade of innovation is shaping the future of brand protection.

The EUTM as a strategic anchor point

For modern businesses, the EUTM has evolved from a mere filing option into a fundamental strategic anchor. Pieter De Grauwe highlights that for both global corporations and SMEs, the EUTM provides an unmatched “single right, single register” efficiency. In an era of legacy portfolios, often cluttered with scattered national rights, the EUTM serves as the primary tool for portfolio rationalization. It is no longer just about protection; it is about simplifying management across 27 diverse member states.

Industry perspectives: Predictability in the pharma sector

In highly regulated industries like pharmaceuticals, the value of the EUTM lies in its increasing predictability. Nicolas Foot of Sandoz notes that the move toward AI-based screening tools has drastically reduced the risk of costly objections. In the pharma world, where a name must satisfy both trademark offices and health regulators (like the EMA), the EUTM’s consistent standards are vital.

Foot also points to “regulatory alignment” as a key benefit of the past decade. Harmonization across the EU means that packaging, safety features, and product indications are increasingly standardized, driving commercial success and fostering innovation.

The academic view: From administrator to policy shaper

One of the most remarkable shifts identified by Jozefien Vanherpe is the evolution of the EUIPO itself. Once a purely administrative body, the Office has transformed into a global “harmonizer.” Through extensive guidelines and convergence programs, the EUIPO is now actively shaping IP policy.

Furthermore, we are witnessing a “convergence of rights.” The EUIPO’s remit is expanding beyond trademarks and designs into copyright and supplementary protection certificates (SPCs), potentially signaling a future role in broader patent law.

The technological frontier: AI and the human element

As we look toward 2026, technology is the undeniable protagonist. While AI is already streamlining search reports and classifications, the panel warns against “over-standardization.”

AI vs. human intuition

Jozefien Vanherpe cautions that trademark law is fundamentally human-centric. The “legal tests” of consumer perception are cognitively complex. While AI can process data, the holistic perspective of a human examiner remains essential to avoid a “technical checklist” approach to branding.

Blockchain and authenticity

While the initial hype has settled, blockchain holds significant promise for the next decade, specifically regarding “proof of use” and “timestamping.” In an era where digital evidence can be easily falsified, blockchain offers a supplementary tool for authenticity that could revolutionize enforcement proceedings.

Challenges for the next decade: Decluttering the register

As the system matures, “register congestion” has become a pressing issue. Both practitioners and industry experts agree that the next chapter must focus on:

• Active register cleaning: Moving toward a more use-based system to remove “dead wood.”
• Harmonized enforcement: Ensuring that procedural efficiency matches substantive law across all national courts.
• Proof of use: Simplifying and standardizing how brand owners demonstrate their market presence.

Conclusion

The journey from 1994 to 2026 has seen the EUTM transform from an administrative removal of trade barriers into a robust, innovation-led ecosystem. As we step into the next decade, the balance between cutting-edge automation and human-centered legal analysis will define the EUTM’s continued success. The system is no longer just a register – it is the heartbeat of European commerce.

Explore the full 30-year journey

This article is the final installment of our three-part series celebrating three decades of the European Trademark system. To get the full picture of how this legal powerhouse was built, we invite you to explore our previous episodes:

• Part 1: The birth of the CTM (1996–2006) – Discover the early challenges, the “Alicante Lottery,” and the strategic maneuvers that launched a unified Trademark Europe.
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• Part 2: Expansion & recognition (2006–2016) – Learn how the system matured through landmark case law and adapted to a rapidly growing European Union.
  • Watch it.
  • Listen to it.
  • Read the article.