Brexit: Changes to EU trade marks in a no-deal Brexit

News article

This guidance is no longer current. It told you how to prepare for a no-deal Brexit. After 31 January 2020 there will be a transition period until the end of 2020, while the UK and EU negotiate additional arrangements. For current information on trade marks, designs, patents, copyright, and exhaustion of IP rights during the transition period, see Brexit: Intellectual property and the transition period.

Overview of changes to UK trade mark law and practice if the UK exits the EU without a withdrawal deal

The government has updated the guidance that sets out changes to UK trade mark law in the event of no deal Brexit.

This guidance relates to European Union trade marks (EUTMs) only.

Further guidance is available on changes to registered design, design right and international design and trade mark law.

What changes after no-deal Brexit?
If the UK leaves the EU without any withdrawal agreement, any existing EUTMs will only cover the remaining EU Member States, and so will not provide protection in the UK. This is because the EU regulation that defines the EUTM will no longer have effect in the UK.

To ensure that UK protection is preserved, the government will provide holders of existing EUTMs with a comparable UK trade mark on exit day. These comparable marks will be treated as if they had been applied for and registered under UK law and will be recorded on the UK register.

The updated guidance covers the impact of this on UK right holders, businesses, and other organisations.

Read the full guidance on the changes to trade mark law in the event of a no deal Brexit.