Brexit phase out: EU and UK Trade Marks

Brexit phase out: EU and UK Trade Mark

European Registrations

As a consequence of the United Kingdom exiting the European Union, from 1 January 2021 EU trade mark registrations are no longer protected in the UK.[1] For those who owned EU trade mark registrations before 1 January 2021, an equivalent UK trade mark registration has been created in the UK that possesses all of the attributes of the EU registration, but with a new UK registration number.[2]

European Applications

There is still time to take advantage of the Brexit phase out period for pending trade mark rights carried into the UK from the EU. That is to say, if you have filed an EU trade mark application that was still pending on 1 January 2021 (not registered by this date) you should be eligible to apply for a corresponding UK trade mark application. This UK application carries over the priority date of the EU trade mark application as long as it has the same goods and services as the EU application.[3] This window of opportunity will expire on 30 September 2021.[4]

If you consider that you are eligible to take advantage of this closing window during the Brexit phase out period to secure trade mark rights in the UK in respect of a pending EU application, please contact us to discuss your options.  


[1] UKIPO, EU trade mark protection and comparable UK trade marks (UK: United Kingdom Intellectual Property Office, 2020).

[2] Ibid.

[3] Ibid.

[4] Ibid.