The impact of Brexit on trade marks

UK national trade mark rights will be unaffected by the UK exit from the EU.  EU registered trade marks, which currently cover the UK, will remain in place but with the UK right being separate from 1 January 2021.

 

On 1 January 2021, the IPO created a comparable UK trade mark for every registered EU trade mark (EUTM). Each of these UK rights will:

  • be recorded on the UK trade mark register
  • have the same legal status as if you had applied for and registered it under UK law
  • keep the original EUTM filing date
  • keep the original priority or UK seniority dates
  • be a fully independent UK trade mark that can be challenged, assigned, licensed or renewed separately from the original EUTM

Businesses, organisations or individuals that have applications for EUTMs which are not registered at the end of the transition period will have a period of nine months to apply in the UK for the same protection. In this case, UK application fees will be payable, and the application will be subject to UK examination and publication requirements. 

HGF can manage all aspects of this process for you.

With offices in 6 European countries, HGF is ideally placed to assist clients continue to handle all EU and national trade mark, design and other intellectual property matters where we operate in Europe, as we do now.  We will continue to be your trusted advisors and representatives throughout Europe.

UKIPO guidance on changes to trade mark law after Brexit.

If you have any queries at all, please contact your usual HGF Trade Mark Attorney, or David Potter, Head of the HGF Trade Mark team.