Brexit and Trademarks
The transition period allowed for by the EU Withdrawal Bill ends on 31 December 2020 so that on 1 January 2021 the UK will no longer be part of the EU.
The UK left the EU on 1 January 2021, bringing to an end the transition period under the EU Withdrawal Agreement. For trademark owners, this was a significant moment — and its practical consequences continue to affect businesses today.
This post sets out what happened to existing trademarks, what the current position is, and what you need to do now if you own or are considering registering a trademark.
EU Trademark Impact
Of all intellectual property rights, trademarks were the most directly affected by Brexit. Since 1 January 2021, UK lawyers are no longer authorised to represent clients before the EUIPO (the EU's trademark office), and EU lawyers no longer have rights of representation before the UKIPO.
This means that if you own an EU trademark (EUTM), you now need an EU-based representative to handle any proceedings before the EUIPO. Similarly, UK trademark matters must be handled by a UK-qualified representative.
If you are unsure whether your current representative is authorised to act for you in both jurisdictions, you should check this as a priority — particularly if renewal or opposition proceedings are approaching.
What Are Firms Doing?
Law firms have adapted in different ways since Brexit. Some larger UK firms opened EU offices to maintain EUIPO representation. Others, including Azrights, partner with EU-based firms to handle EU trademark matters on behalf of clients.
If you need trademark protection in both the UK and EU, you will need representation in both jurisdictions — this is now standard practice and something Azrights can help coordinate.
EUTMs After Brexit - What Happened
When the UK left the EU, all existing EU trademarks (EUTMs) that were registered at that date were automatically "cloned" into equivalent UK trademarks at no cost to the holder. This meant that businesses which previously held a single EUTM now held two separate registrations — one covering the EU27 and one covering the UK — with the same priority dates and details as the original EUTM.
These two registrations now need to be managed and renewed independently. This has increased the administrative burden for brand owners with international portfolios, and it is important to ensure both registrations are kept in good standing.
What this means for new trademark applications today:
If you want trademark protection in both the UK and the EU, you now need to file two separate applications — one with the UKIPO and one with the EUIPO. A single EUTM no longer covers the UK, and a UK trademark provides no protection in the EU.
There are two main routes for EU protection:
- A direct EUTM application to the EUIPO (covering all 27 EU member states)
- An international application via the Madrid Protocol, which can designate multiple countries including the EU
Conclusion
Brexit has made trademark strategy more complex for UK businesses with international ambitions. The key takeaway is straightforward: UK and EU trademark protection are now entirely separate, and you need to plan and budget accordingly.
If you are unsure about the status of your existing trademarks, or are planning to register a new brand name and want to understand your UK and EU options, get in touch with Azrights.
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