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Trademark & Brand Registration in the United Kingdom

Brexit split the register

Trademark & Brand Registration in the United Kingdom

An EU trade mark no longer protects you in the United Kingdom. That caught a great many brand owners out.

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The gap Brexit created

Before the UK left the EU, a single EU trade mark covered Britain. It no longer does. Rights that existed before the transition ended were given comparable UK equivalents automatically, but anything filed at EU level since then has no UK effect whatsoever. Brand owners who assume their EU registration still covers Britain are unprotected here, and often only discover it when they try to enforce.

  • EU and UK coverage checked, not assumed
  • Comparable rights confirmed for pre-transition marks
  • Classes scoped for what you actually sell in Britain

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Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.

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Check your coverage

What covers the UK and what does not

The transition date is the dividing line.

RightCovers the UK?
EU trade mark filed before the transition endedA comparable UK right was created automatically.
EU trade mark filed after itNo. A separate UK filing is required.
UK national registrationYes.
International registration designating the UKYes, if the UK is designated.
International registration designating the EU onlyNo.
Unregistered usePassing off may help, but it is far weaker.

Classification, examination, publication and opposition procedures are set by the Intellectual Property Office and change. The comparable rights arrangement applied to marks in force at the end of the transition period.

How it works

Closing the gap

Audit first, then fill what is missing.

01

Audit what you hold

Every existing registration checked for whether it actually covers the UK, including the EU and international rights you assume do.

02

File what is missing

UK filings made where there is no coverage, with classes scoped to what you sell in Britain.

03

Prosecute and maintain

Examination answered, publication and the opposition window monitored, and renewal dates tracked separately from your EU renewals.

To advise properly

What we need to see

Filing dates are what determine coverage.

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  • The mark exactly as used
  • Logo artwork to specification
  • Every registration you hold, with filing dates
  • Whether any were filed at EU level and when
  • Whether international registrations designate the UK
  • Full list of goods and services sold in the UK
  • Goods or services planned within the year
  • Evidence of use in the UK
  • Any infringement already encountered here
  • Whether you license the brand to others
  • Priority claims available
  • Renewal dates currently diarised

Scope

What is included, and what is not

Stated plainly, so nothing is added once the engagement starts.

Included in the service fee

  • Audit of existing rights for UK coverage
  • Confirmation of comparable rights where they exist
  • UK register clearance search
  • Class scoping for the UK market
  • Filing and prosecution to registration
  • Examination responses
  • Publication and opposition monitoring
  • Separate UK renewal diary

Not included, quoted separately

  • Registry fees, paid at cost
  • Fees per additional class
  • EU or international filings, quoted separately
  • Foreign counsel fees
  • Logo and brand design
  • Opposition proceedings, quoted separately
  • Enforcement and litigation
  • Renewal at the end of the term

Verify independently

Relevant UK authorities

We file directly with these bodies on your behalf.

Companies HouseHM Revenue & CustomsUK Visas and ImmigrationIntellectual Property OfficeInformation Commissioner’s OfficeThe Pensions Regulator

Questions

UK trademark registration — FAQs

Does my EU trade mark still cover the UK?

Only if it was in force at the end of the transition period, in which case a comparable UK right was created. Anything filed at EU level after that has no UK effect.

How do I check whether I have a comparable right?

We audit your portfolio against the UK register. It is a short exercise and it is better done now than during an enforcement attempt.

Do I need a separate UK renewal?

Yes. Comparable UK rights renew independently of the EU mark they came from, and missing that is a common way to lose protection.

Is unregistered use enough?

Passing off offers some protection but is considerably harder and more expensive to rely on than a registration.

Can one application cover the UK and the EU?

Not a single national one. An international registration can designate both, and we advise on whether that suits your portfolio.

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