contact
Your law firm Bartel Legal.
address
-
Kampenwandstrasse 90
83229 Aschau - +49 8052 6779973
- u.bartel@bartel.legal
Opening hours
Mon – Fri 08:30 – 18:00
Bartel Legal - Strong brands require reliable protection. We're at your side.
EU trademark for British company from Manchester
Your brand, our expertise: Trademark advice for your success.
EU trademark for British companies from Manchester: What companies need to know after Brexit
Since Brexit, registering an EU trademark is no longer as straightforward as it once was for UK companies based in Manchester. They must appoint a representative outside the UK to register an EU trademark, rather than a representative in their home country, the UK. This article explains what UK companies need to consider when it comes to the EU trademark, trademark registration, and the changes brought about by Brexit.
EU trademark and Brexit: Impact on existing trademarks
Before Brexit, UK businesses could protect their trademarks simultaneously in the UK and across the EU with a single trademark by applying for an EU trademark (European Union trademark) with the European Union Trademark Office (EUIPO). However, since January 1, 2021, Brexit has impacted the trademark protection rights of UK businesses. EU trademarks registered before December 31, 2020, have automatically been converted into comparable UK trademarks. These trademarks offer the same protection as a UK trademark and are valid in the UK.
For UK businesses based in Manchester that registered an EU trademark before Brexit, this means they now have a separate UK trademark, but it will need to be renewed in time to ensure ongoing protection in the UK.
What applies to new EU trademarks after Brexit?
However, there is no longer any automatic conversion for new trademark applications after Brexit. As of January 1, 2021, it will no longer be possible to protect an EU trademark directly in the UK. British companies will therefore need to file a separate trademark application with the EUIPO (European Union Trademark Office) to obtain protection in the EU and another national trademark with the UKIPO (United Kingdom Intellectual Property Office) to obtain trademark protection in the UK.
This means that companies wishing to register an EU trademark after Brexit will need to protect their trademarks separately in the EU and the UK. The EU trademark will continue to offer protection in the 27 EU member states, but no longer in the UK.
Trademark registration in the EU
If British companies want to protect their trademark in the EU, they must file a trademark application with the EUIPO. This is the trademark office responsible for EU trademarks. The EU trademark application does not cover the United Kingdom. However, a trademark application in Great Britain can, of course, be filed separately and independently of the EU trademark application.
The UK company must ensure that all formal requirements and deadlines for trademark applications in the EU and the UK are met. The UK trademark application is treated separately from the EU trademark application, which may result in additional administrative steps.
Renewal of EU and UK trademarks
An important point for UK companies to consider is the separate renewal of EU and UK trademarks. Both the EU and UK trademarks must be renewed regularly to ensure ongoing trademark protection.
Because the two trademarks are separate, the renewal periods may also end at different times. Failure to renew may result in the loss of trademark protection in both the EU and the UK. It is therefore advisable to keep track of renewal obligations in a timely manner to ensure the protection of both trademarks.
Here you can find an information sheet on the EU trademark for British companies after Brexit.
Make an inquiry now
We will be happy to advise you comprehensively and personally on your concerns.
Make an inquiry now
We will be happy to advise you comprehensively and personally on your concerns.
Lawyer in trademark registration for British companies from Manchester
Trademark registration may have become more complicated for UK businesses following Brexit. Therefore, it's advisable to consult a specialist trademark lawyer who is familiar with current regulations and procedures in both the EU and the UK. An experienced lawyer can assist with trademark registration, checking for existing rights, and trademark renewals.
In addition, a lawyer can ensure that your company's trademark strategy is optimally structured and that no rights are infringed. Especially if you are a UK company that wants to remain active in both markets, a lawyer can help you properly organize trademark protection in the EU and the UK.
For assistance with trademark registration in the UK or the EU, UK companies can contact the UKIPO or a trademark attorney. This will ensure that their trademarks are optimally protected under the law.
English 
German