As of 31st of January 2020, the United Kingdom withdrew from the EU, which affected many businesses in many ways. One change that has had a huge impact on businesses both in the UK and the EU is trademark protection.
However, despite the new rules around registering a trademark in the UK and the EU, March 2021 saw 17503 domestic registration applications, over double the 7386 application registered in March 2020.
This increase can be attributed to a few factors. Firstly, due to the increase in businesses that have been created due to lockdown. Secondly, business owners are wising up to the fact that the best way to protect their brand, products and business is through trademarks. Finally, many applications have to be re-registered due to Brexit.
If you’re looking to register a trademark, like so many other businesses in the UK and the EU, below are the new rules that have changed due to Brexit when registering and renewing a trademark in the UK and the EU:
- All EU registered trademarks as of 31st December 2020 will have auto copied to UK trademarks
- Trademark renewal dates from 1st Jan need to pay the renewal fee to make sure trademarks are registered in the UK IPO and to the EU IPO if it needs to apply to the EU
- Those pending at the EU IPO have until September 2021 to file a UK application as it will not automatically be copied
- Oppositions against EU trademarks, that are based on UK rights that were pending in December 2020 will be dismissed
- UK legal reps cannot represent EU clients unless they have a place of business or effective commercial establishment in the EU
- If you want to register a trademark in the UK, as an EU business, you need a viable commercial presence in the UK or you will need a representative as an address of service
- If you want to register a trademark in the EU, as a UK business you a viable commercial presence in the EU or you will need a representative as an address of service
So, to summarise, if you had an EU trademark before Brexit happened, it will have automatically copied over as a UK trademark.
In the future, when you need to renew a UK trademark, you need to do this with the UKIPO and to renew an EU trademark you need to do so with the EUIPO.
Finally, if you want to register a new trademark in the UK or the EU you need to either have a viable commercial presence or find a representative to use as an address of service
Giving you the best chance to successfully register a trademark
Our panel of expert trademark attorneys will give your application the best chance of success. They have years of experience registering trademarks and currently have a success rate of over 70%!
Our process is simple, all you need to do is fill out a short form and an attorney will be in contact with you at a time that’s convenient to discuss your needs at your own pace, completely free of charge!
If you chose to continue your trademark application with us, our attorneys will do everything! They’ll file in the complicated paperwork and keep you posted on the status of your application, it’s that easy!
Click here to book your initial call with an attorney today!
How to register a trademark in the UK
If you’re a UK business looking to register a trademark in the UK, we can help. Click here and fill out the short form and an adviser will be in contact at a time that suits you, to discuss what your options are completely free of charge!
How to register a trademark in the EU
If you’re a UK business looking to register a trademark in the EU, again we can help. Using the same process as above, click here to fill out the short form and an adviser will be in contact at a time that suits you, to discuss what your options are completely free of charge!