UK vs EU Trade Mark Protection: What SMEs Need to Know Post-Brexit
Home / UK vs EU Trade Mark Protection: What SMEs Need to Know Post-Brexit
When the Brexit transition period ended on 31 December 2020, the system of trade mark protection in Europe fundamentally changed. For small and medium-sized enterprises (SMEs), this has meant adapting to a new landscape where the UK and EU systems are now completely separate.
1. The Split Between UK and EU Trade Marks
Up until Brexit, a single EU Trade Mark (EUTM) provided protection across all 28 Member States, including the UK. From 1 January 2021, EUTMs no longer cover the UK. Instead, the UK Intellectual Property Office (UKIPO) created over 2 million ?comparable UK trade marks? to mirror the rights that already existed in EUTMs.
SMEs who owned EUTMs before 31 December 2020 automatically received a comparable UK registration, with the same filing and priority dates.
However, any new filings after 1 January 2021 must be made separately in both the UK and the EU if protection is needed in both markets.
2. Practical Implications for SMEs
For SMEs trading across borders, this change has brought new challenges:
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Separate filings: Businesses must now file two separate applications ? one at the UKIPO and one at the EUIPO ? doubling the cost and administration.
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Renewals: Comparable UK rights carry the same renewal dates as their EUTM counterparts. Businesses must now track and pay renewals in two places.
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Portfolio management: It is more complex to manage brand protection across two distinct systems.
3. What to Watch Going Forward
Although UK trade mark law remains aligned with EU law in many respects, the systems are now independent. This means:
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Divergence could emerge over time as UK courts and the UKIPO develop their own case law.
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SMEs should not assume that an outcome before the EUIPO will necessarily be mirrored in the UK, and vice versa.
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It is crucial to keep an eye on developments in both jurisdictions and adjust strategy accordingly.
4. Practical Advice for SMEs
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Audit your portfolio: Ensure your brand is covered in both the UK and EU if you trade in both markets.
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Budget for extra costs: Filing and renewal fees are now separate.
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Seek tailored advice: Professional guidance can help avoid gaps in protection or unnecessary duplication.
