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ARTICLE · 22 APRIL 2021

Brexit and your EU and UK trade marks

Owners should update records to include details of Brexit changes to UK and EU trade mark registrations and applications.

AustraliaIntellectual Property

As has been reported on, the United Kingdom ("UK") voted to leave the European Union ("EU") in 2016, with this exit officially occurring on 31 January 2020.  "Brexit" as the exit of the UK from the EU has become known, has affected businesses and citizens in the EU and UK, and has also had an impact on trade mark applications and registrations obtained in the EU and UK prior to "Brexit".1

Existing EU trade mark registrations in the UK

As from 1 January 2021, EU trade mark applications or registrations ceased to extend protection to trade marks in the UK.

The UK Intellectual Property Office ("UKIPO") will create a comparable UK trade mark for each  EU trade mark registered before 1 January 2021 in order to allow for continuing trade mark protection in the UK.  The UKIPO has indicated that each comparable UK trade mark registration will be recorded on the UK trade mark register.

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