Trade mark rights before and after Brexit—comparison table
Trade mark rights before and after Brexit—comparison table

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trade mark rights before and after Brexit—comparison table
  • Trade mark rights before and after Brexit
  • Comparison table
  • Further information

Trade mark rights before and after Brexit

The purpose of this Practice Note is to summarise, at a glance, the various different trade mark rights available in the UK prior to and following Brexit.

For a detailed consideration of the impact of Brexit on the trade mark regime, see Practice Note: What does IP completion day mean for intellectual property?

To follow the progress of the legislation, see Practice Note: Intellectual property—Brexit tracker.

Since IP completion day (11.00pm on 31 December 2020), the UK is no longer part of the EU trade mark (EUTM) regime. This means that the UK is no longer included in the territory covered by an EUTM and is no longer subject to Regulation (EU) 2017/1001, which was revoked on IP completion day pursuant to the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/269. This also applies to international trade mark registrations which designate the EU.

As a consequence, the UK set up a system whereby the holder of an EUTM as at IP completion day automatically became the holder of a comparable trade mark in the UK. For further information, see Practice Note: What does IP completion day mean for intellectual property?

Comparison table

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