10 Frequently asked questions about Trademark Registration Post-Brexit
Finally, Brexit has come (and gone?), and we are all dealing with what is left behind. You may have started a business in the last five years and want to protect your brand, but how does that even work now?
Never fear. After digging into your frequently asked questions about trademark registration post-Brexit, we’ve gathered all the information and resources you need to get started.
FAQs
1. What is the difference between a EUTM and UK trademark? What about International trademarks?
A European Union trademark (EUTM) protects a brand registered in countries within the European Union. A United Kingdom trademark (UKTM) protects a brand registered only in the United Kingdom. International trademarks protect brands in most countries.
2. How does Brexit affect trademarks?
As of January 1, 2021, EUTMs are no longer valid in the UK. There are no planned changes to UK trademarks.
3. Do EU trademarks work in the UK? Vice versa?
No, EUTMs are no longer valid in the UK. Likewise, UK trademarks aren’t valid in the European Union.
4. Did my EUTM change at all?
Any European Union trademark you had will remain the same. However, it will no longer apply in the UK.
5. How do I apply for a UK trademark?
To register for a UK trademark, you must first:
Choose the Proper Classes for the Application
Collect Money for Fees
Complete a Right Start Application (optional, but recommended)
After you finish with these, apply on the UK Government’s site.
It runs for £170 for the standard application fee and £50 for every added class. The Right Start application fee is £200 (£100 upfront, £100 at registration), and every added class is £50 (£25 upfront, £25 at registration).
If all of this seems complicated, you can always choose to register your trademark via a turnkey trademark service. A done-for-you service like this will generally ensure your application is reviewed and filed by legal solicitors, thus streamlining the whole process, and helping avoid any costly errors.
6. How do I apply for a European Union trademark?
European Union trademarks apply to all countries within the European Union. You can easily apply to the European Union International Property Office’s (EUIPO) website, where they offer other resources such as a checklist to make sure you’re on the right track.
7. How do I apply for an international trademark?
International trademarks are great if you want to protect your brand in more than one country. International trademarks typically:
Require less paperwork
Cost less
Cover most countries
In order to get an international trademark, you need a base registration or application in the UK (or your country of origin) first.
Head to the World Intellectual Property Organization (WIPO) to get more details. You need to create an account to apply and get the rest of their good stuff.
8. Which trademark should I get?
If you plan on sticking to the UK, I suggest getting a UK trademark for now. You can always expand to an international trademark later if you want to grow (which you will need a UK based application for anyway).
Now that the UK is out of the EU, there aren't many reasons to get a EUTM instead of an international trademark.
9. Do I need to apply for a new UK trademark after Brexit if I have a EUTM?
By January 1, 2021, the EUIPO created comparable UK trademarks for any registered EUTM. These UK trademarks:
Are fully independent UK trademarks
Are recorded on the UK trademark register
Maintain the original EUTM filing date
Maintain the original priority of UK seniority dates
Can be challenged, assigned, licensed, or renewed
Have the same legal status as those filed under UK law
You do not need to pay for your comparable UK trademark, and they claim there will be “as little administration involved as possible.” You won’t receive a UK registration certificate, but you can go to GOV.UK and get details about the trademark.
10. Do I have to pay for a new trademark if I have a EUTM?
If you have a EUTM, you don't need to pay for a new UK trademark. The EUIPO created comparable UK trademarks for each EUTM, free of charge. You won't get a new registration, but you can go online and get the details you need.
Have more questions?
If you still have questions, check out the websites for UK trademarks, European Union trademarks, and International trademarks. They have boundless information and step-by-step guides to help you.
