Brexit and EU trademarks: what happened to your registration?

The Brexit withdrawal agreement took effect on 1 February 2020, and the United Kingdom is now treated as a third country to the European Union. The EU trademark regime has not covered UK territory since 1 January 2021.

EU trademarks registered before 31 December 2020

On 1 January 2021, the UK Intellectual Property Office (IPO) automatically and free of charge created a comparable UK trademark for every registered EU trademark, with its own number (prefix UK009). This mark is independent of the EU trademark: it can be challenged, licensed and assigned as such. The filing and priority dates were preserved. No formalities were required.

EU trademark applications pending on 31 December 2020

Pending EU trademark applications were not automatically converted into UK filings. The applicant had a nine-month window from 1 January 2021 to apply for an equivalent UK mark, identical to the EU mark, for a fee of £170 for one class and £50 per additional class. Failing this, the EU trademark ceased to cover the United Kingdom.

Common points

Converted marks must be renewed with the IPO at their expiry date. For general guidance on trademark renewal, see the article on renewing trademarks in France and at the EUIPO. For filing, see the trademark filing guide and the intellectual property services page.

Conclusion

Brexit resulted in the automatic creation of comparable UK marks for all registered EU trademarks. If your application was pending at the end of 2020 and you did not exercise the conversion option, a fresh national filing will be necessary. If you need to verify the status of your UK mark, book a call.

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