BREXIT and EU Trademarks

Impact of BREXIT on EU Trademarks

We are frequently asked these days: What are the effects of BREXIT on EU trademarks?

Brexit has now been completed. For EU trademark holders, the question arises: What impact does BREXIT have on the scope of trademark protection of EU trademarks for the UK?

The good news is:

Due to legal regulations, every EU trademark was automatically converted or split into a remaining EU trademark and a national British trademark during BREXIT. This happened automatically with the implementation of BREXIT. Therefore, there is currently no need for action.

Effects on trademark renewals

However, it should be noted that regarding upcoming renewals, two trademarks will need to be renewed in the future – the EU trademark on one hand and the British trademark on the other. In this respect, additional costs will arise if one wants to extend trademark protection for the UK area.

The question of genuine use of the English trademark may also arise. This must now be genuinely used in the UK area; otherwise, the rights may lapse after 5 years of non-use in the UK area.

We will inform our clients in the usual manner about upcoming renewals in due time – then of course about the necessity of renewing two trademarks.

Already in the first weeks, we have noticed that the English part is often dropped if distribution to the UK is not intended or has not taken place.

We are available for any further inquiries.