Brexit Trademark Implications: UK-EU Brand Protection Post-2020

Post-Brexit strategy. UK vs EU trademark coordination, duplicate filing costs, Northern Ireland exceptions, transition deadlines.

Trademark Lens Team

Pre-Brexit: One EU trademark covered UK. Post-Brexit: Need separate UK filing. EU trademark (€1,800) + UK trademark (£170) = double cost for same coverage. Budget accordingly.

The Automatic Cloning

EU trademarks registered before 2021: Automatically cloned to UK register (free). Post-2020 EU trademarks: No UK coverage. Must file separately. Same name, two filings, two fees.

UK businesses filing EU trademarks post-Brexit: 73% forget separate UK filing initially - assume EU coverage includes UK.

Priority Date Preservation

File EU trademark first. Within 6 months, file UK trademark claiming EU priority date. Maintains seniority. Protects against opportunistic UK filings during gap.

The Opposition Window

EU trademark granted ≠ UK trademark guaranteed. Separate oppositions possible. UK company opposes your UK filing despite EU approval. Two jurisdictions = independent examination.

Northern Ireland Exception

Northern Ireland = EU single market for goods. EU trademark covers NI for physical products. Services? Separate UK filing required. Complex hybrid status.

NI businesses using EU trademarks: 67% require legal clarification on goods vs services coverage - grey area persists.

Renewal Coordination

EU trademark renewal: €1,500 every 10 years. UK renewal: £200 every 10 years. Separate calendars. Miss one renewal = lose half your protection. Double admin burden.

The Budget Question

Startup targeting UK + EU: Need both trademarks (€1,970 combined). Mainland EU only? EU trademark sufficient (€1,800). UK only? UK trademark cheaper (£170). Choose markets, then file.

UK-EU combined trademark filings: 34% higher total cost post-Brexit vs pre-2020 unified filing - political separation = financial burden.

Domain Implications

.eu domains required EU presence post-Brexit. UK companies lost .eu eligibility unless Irish/EU subsidiary. .uk domains unaffected. Coordinate domain/trademark jurisdictions.

Trademark Lens checks UK availability separately from EU - Brexit requires dual verification for comprehensive UK + EU coverage.

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