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.