The Brexit transitional period has now ended, and as a result, there have been some changes to how EU trade mark rights are registered and enforced in the UK. Here we give an overview of some of the key issues you need to know. For specific advice on your circumstances, you can contact our team.
Existing EU trade mark applications and registrations
From 1st January 2021, EU trade marks have not provided protection in the UK. However, they will still protect UK brands in the 27 remaining EU member states.
For any new matters commencing from 1st January 2021, UK rights cannot be enforced against EU rights, and EU rights cannot be enforced against UK rights. Furthermore, UK courts can no longer hear new cases concerning EU trade mark rights, and where enforcement of an EU right is brought in an EU court, it will not automatically take effect in the UK. You will need to file a separate action in the UK to enforce your rights.
If I have an existing EU trade mark, do I need to make a new application?
If you have a registered EU trade mark, it will have been cloned automatically, creating comparable rights in the UK. You will not be issued with an official registration certificate, but the trade mark will be independent with its own UK registration number and treated as if it were registered under UK law.
My EU trade mark application is pending. Do I need to make a UK application?
If you have not already applied to claim priority from your pending EU TM, you will now need to file a totally new UK trade mark that is independent of your EU TM.
What if I need to renew an EU trade mark?
If you need to renew an EU trade mark, you will be required to pay separate renewal fees for your EU registration and your UK cloned rights. The renewal date for your cloned registration should be the same date as the EU registration date, except in limited circumstances.
Register a UK or EU trade mark with Brandability today
If you want to protect your brand, build value and expand your business with confidence, we can help. Our straightforward and efficient registration service can guide you through the process of trade mark applications in both the UK and the EU. Start today.
Any questions?
If you have any queries please do get in touch with our IP experts.
