As you are likely aware by now, in June of 2016, the U.K. public voted on a referendum to leave the European Union. The passing of this referendum, referred to as “Brexit”, was the start of what is proving to be a long and difficult period of negotiation economic uncertainty. Many business owners within the United Kingdom and around the world have been left wondering how the decisions currently being made on how to proceed will affect their companies. Aside from the implications Brexit will have on trade and immigration, the effects could impact businesses and brands trying to secure their trademarks in both the UK and the remaining European nations. This is largely due to the fact that for over 20 years the European Trademark (EUTM) has been a simple and well functioning solution to Trademark and brand protection within the EU. With one registration, trademark owners were able to secure the protection of their brands within all of the EU member states and protect the path to expansion from the get-go.
The circumstances surrounding the UK’s decision to leave the EU call into question whether the existing agreement regarding the reciprocity of trademark rights will remain intact post-Brexit. The UK has not yet made a decision on what will happen to existing Trademarks, but given the somewhat contentious relationship that has developed out of the negotiations to date, the future of the current system of cooperation is precarious. As a result of the uncertainty, it is important that trademark owners have a plan moving forward to ensure the continuity of brand protection. In the event that European Trademarks are no longer honoured within the UK post-Brexit, it may be wise to consider securing UK trademarks and EU trademarks separately to ensure complete and continuous protection. For the moment though, EU trademarks continue to provide full protection including the UK and will do so until the Brexit negotiations say otherwise.
If you need assistance with determining which type of trademark is right for your business please feel free to call us on 0161 833 5400 to speak with a trademark expert.
Questions about this
What happened to EU trademarks covering the UK after Brexit?
For over 20 years a single EU trademark protected a brand in every member state, including the UK. When the UK left the EU, over one million EU trademarks were copied onto the UK register, giving owners a separate UK right. Since then, one EU registration no longer covers both the UK and the EU, so new protection has to be sought separately in each.
Answered by Jonathan Paton, Founder & CEOWhich trademarks does a business need to trade in both the UK and the EU?
Usually a UK trademark and an EU trademark. An EU trademark covers the EU member states in one registration, while a UK registration protects the brand in the UK only, because trademarks are territorial rights. The right mix depends on where a business trades now and where it realistically plans to expand, so it is worth getting advice on which type of trademark suits the business before filing.
Answered by Jonathan Paton, Founder & CEODoes using my brand in the EU protect my UK trademark from non-use challenges?
Not any more. Since January 2026, use in the EU no longer supports a comparable UK mark, so a UK registration that has never actually been used in the UK is now vulnerable. After five years on the register an unused mark can be revoked, and the burden of proving use falls on the owner. It is worth checking which registrations a business holds and where it can show genuine use.
Answered by Jonathan Paton, Founder & CEO
