The Practical Impacts of Brexit on Trademark Protection

Since January 1, 2021, the United Kingdom (UK) has effectively ceased to be part of the European Union (EU). As a consequence of Brexit, trademark protection in the two territories is now handled separately.

In this context, trademarks registered in the European Union by December 31, 2020 through the European Union Intellectual Property Office (EUIPO) automatically received protection in the United Kingdom, at no additional cost, through a separate registration administered by the United Kingdom Intellectual Property Office (UKIPO).

Although these UK registrations are entirely independent and are now governed by national legislation, they are identical to the original European Union registrations. They therefore retained the same specifications, classes, filing and registration dates, and other relevant information.

As the registrations are no longer legally connected, trademark owners wishing to assign, license, cancel, or renew their registrations must carry out the relevant procedures separately in the United Kingdom and the European Union. Further information is available through the UKIPO database.

Likewise, applicants seeking trademark protection in both the United Kingdom—comprising England, Scotland, Wales, and Northern Ireland—and the other European Union countries must file separate applications with the two competent authorities: the EUIPO and the UKIPO.