EU trademarks after BREXIT

From the 1 January 2021, EUTMs will no longer protect trademarks in the UK. After the transition period after Brexit comes to an end, on the 1 January 2021, the UK IPO will create a comparable UK trademark for all right holders with an existing EU trademark.

Existing EUTMs will still protect trademarks in EU member states.

If you have a pending EUTM application, you’ll be able to apply to register the same trademark as a UK right within nine months after the end of the transition period, this being up to and including 30 September 2021. You’ll keep the earlier filing date of the pending EUTM.

Receiving a comparable UK trademark

On 1 January 2021, IPO will create a comparable UK trademark for every registered EU trademark (EUTM). Each of these UK rights will:

be recorded on the UK trademark 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 trademark that can be challenged, assigned, licensed or renewed separately from the original EUTM

You will not:

need to pay for your equivalent or comparable UK trademark – and there will be as little administration involved as possible
receive a UK registration certificate, but you will be able to access details about the trademark on GOV.UK

Registering a pending EUTM application as a UK trademark

We will only create a comparable UK trademark for EUTMs registered before 1 January 2021.

If you have an EUTM application that’s still pending on 1 January 2021, you’ll be able to:

apply to register the same trademark as a UK right within nine months after the end of the transition period, this being up to and including 30 September 2021
retain the earlier filing date of the pending EUTM
claim any valid international priority you had on the pending EU application, along with any UK seniority claims recorded against it

If you apply to register a pending EUTM application as a UK trademark, the application must:

relate to the same trademark that was the subject of the EUTM application
seek protection in respect of goods and services that are identical to, or contained within, the corresponding EU application

If the details of your application do not match those of the corresponding EUTM application, you will not be able to claim the earlier EU filing or priority dates.

You must submit your application within nine months after the end of the transition period. We will then:

treat the pending EUTM application as a UK application
examine it under UK law

The usual UK fees of £170 will apply, including one class of goods or services, and an extra £50 for each additional class.

Source: GOV.UK