UK trade marks post Brexit.

Since 1 January 2021, the United Kingdom officially left the European Union. Since leaving the EU, there have been changes to trade mark laws in the UK that may affect your business.

What are the changes?

Numerous changes have been put into place, including changes to intellectual property laws. For example, the European Union Intellectual Property Office (EUIPO) no longer protects UK trade marks.

All trade marks that were previously registered with the EUIPO prior to 1 January 2021 have now been transferred from the European Register to the United Kingdom Intellectual Property Office (UKIPO) database. The marks that have been transferred have kept the same filing date, have the same legal protections under UK law and do not require a new registration certificate. These transfers were done automatically and free of charge to rights holders. Of course, EUTM registrations still provide protection in the remaining 27 EU Member States – this is not affected by Brexit.

Further information can be found about changes to intellectual property laws post-Brexit here.

How does this affect you?

Trade mark registrations, cancellations, renewals and amendments now must be filed with the EUTM and the UKIPO separately. Previously, this was all done from the same office.

To register new trade marks, you must file an application with the EUIPO and the UKIPO separately. Only filing with the EUIPO will not offer protection in the UK and vice versa.

For advice and assistance in filing and managing your Australian and international trade marks, contact Bespoke.