Q&As

Is it possible to register a UK trade mark that is similar to an EU registered trade mark? Also can you register a trade mark that was previously used but is now dead or expired?

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Produced in partnership with Professor Philip Johnson of Cardiff Law School
Published on LexisPSL on 22/04/2020

The following IP Q&A produced in partnership with Professor Philip Johnson of Cardiff Law School provides comprehensive and up to date legal information covering:

  • Is it possible to register a UK trade mark that is similar to an EU registered trade mark? Also can you register a trade mark that was previously used but is now dead or expired?
  • Is it possible to register a UK trade mark that is similar to an EU registered trade mark?
  • Can you register a trade mark that was previously used but is now dead or expired?

Is it possible to register a UK trade mark that is similar to an EU registered trade mark?

Under the Withdrawal Agreement (WA), EU trade marks (EUTMs) continue to be protected under UK law. The WA provides that any EUTM existing on the date the WA ceases to have effect must continue to be protected in the UK. Therefore, any current EUTM is (and will continue to be) an earlier trade mark for the purposes of section 6 of the Trade Marks Act 1994 (TMA 1994).

For more information about the impact of Brexit on EUTMs (including the position after the end of the implementation period), see Practice Notes: What does IP completion day mean for intellectual property? and Trade mark rights before and after Brexit—comparison table.

The proprietor of an earlier trade mark can oppose the registration of a trade mark application on relative grounds under TMA 1

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