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Is the UK covered by an EU trademark?
Written by Jan Buza
Co-founder of Trama
No, the UK is not covered by an EU trademark. An EU trademark is only valid in member states of the EU, of which the UK is no longer a member after BREXIT.
However, owners of EU trademarks pending/registered at the time of BREXIT might still be protected.
For EU trademarks registered before December 31st, 2020, the UKIPO has created 'comparable UK trademarks', which are UK-valid duplicates of the original EU trademarks. The filing date of a comparable UK trademark would be the same as the filing date of the EU original. These trademarks were created for the owners automatically and free of charge, so no action or payment was required. However, after the validity of a comparable UK trademark expires, standard renewal practices and rates will apply.
For EU applications pending as of January 1st, 2021, the owners could apply for re-filing in the UK until September 30th, 2021.
Anyway, new applicants now have to decide whether they want to get a trademark in the UK on top of their EU trademark.
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