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Since 1 January 2021, an EU trademark no longer protects your brand in the UK. Here is what changed, what was created automatically, and how to structure your filing strategy going forward.
When the UK left the EU single market, the unitary character of EU trademarks broke apart as far as the UK was concerned. Before Brexit, a single EUTM registration gave you enforceable rights in all EU member states, including the UK. That ended on 31 December 2020.
From 1 January 2021, an EUTM only covers the 27 remaining EU member states. It provides zero protection in the UK. If your brand is used in the UK and you only hold an EUTM filed after that date, you are operating without trademark protection in one of Europe's largest markets.
This was not a gradual transition. It was a hard cut-off. Any EUTM registered or applied for after 1 January 2021 has never included the UK in its scope.
To avoid mass loss of rights, the UK government created a “comparable” UK trademark for every EUTM that was registered as of 31 December 2020. These comparable marks were generated automatically at no cost to the rights holder.
These comparable marks are independent. Renewing your EUTM does not renew the UK comparable. Letting the EUTM lapse does not affect the UK comparable, and vice versa. Each must be maintained separately with its own renewal fees and use requirements.
One practical concern: the UK comparable right may be vulnerable to revocation for non-use if the mark has only been used in EU member states outside the UK. Under the Trade Marks Act 1994, you need genuine use in the UK specifically. Use in France or Germany alone will not sustain a UK registration. See our guide to the post-Brexit use requirement for details.
If you had an EUTM application pending (not yet registered) on 1 January 2021, no comparable UK right was created automatically. Instead, you were given a nine-month window, until 30 September 2021, to file a corresponding UK application claiming the same filing date and priority as the original EUTM application.
This required a fresh UK IPO filing with the standard £205 fee. If you missed the deadline, you lost the ability to claim the earlier filing date and would need to file a new UK application with a fresh filing date.
| Feature | UK Trademark (UK IPO) | EU Trademark (EUIPO) |
|---|---|---|
| Territory covered | United Kingdom only | 27 EU member states |
| Filing fee (one class, online) | £205 | €850 |
| Second class fee | £60 | €50 |
| Examination time | ~2–3 weeks | ~1–2 months |
| Opposition period | 2 months | 3 months (extendable) |
| Total registration time | ~4 months | ~5–8 months |
| Protection duration | 10 years (renewable) | 10 years (renewable) |
| Renewal fee (one class) | £200 | €850 |
| Use requirement | Genuine use in the UK within 5 years | Genuine use in the EU within 5 years |
| Language of proceedings | English | One of five official languages |
| Unitary character | N/A (single country) | Yes; registered, transferred, and revoked for the entire EU as a unit |
| Vulnerability | Non-use in the UK | Non-use in the EU (but use in even one member state can suffice) |
If your business trades in the UK and in any EU member state, the answer is almost certainly yes. You need a UK registration and either an EUTM or individual national filings in the EU countries that matter to you.
There are a few scenarios worth considering:
The Madrid Protocol, administered by WIPO, allows you to file a single international trademark application and designate multiple countries or regions. Both the UK and the EU are contracting parties.
How it works: you file a “base” application or registration at your home office (for UK businesses, this is the UK IPO). You then extend protection to other territories by designating them in your international application. Each designated territory examines the application under its own law.
The Madrid route makes particular sense when you need protection in three or more territories. The base fee is 653 Swiss francs, plus individual designation fees for each territory. For the EU designation, the fee is currently €850 equivalent. For the UK, it is £205 equivalent. You pay in Swiss francs through WIPO.
One risk: for the first five years, the international registration depends on the base mark. If the base application or registration is refused, withdrawn, or cancelled, the international registration falls with it (the “central attack” vulnerability). After five years, each designation becomes independent.
| Route | UK coverage | EU coverage | Approximate cost (one class) |
|---|---|---|---|
| Separate UK + EU filings | Yes | Yes | £205 + €850 |
| Madrid Protocol (UK base, EU designation) | Yes | Yes | ~CHF 653 + EU designation fee |
| Madrid Protocol (UK base, EU + US + other) | Yes | Yes (+ others) | ~CHF 653 + each designation fee |
For just UK + EU, filing directly with each office is often simpler and roughly the same cost. The Madrid Protocol becomes more cost-effective when you are designating three or more territories.
If your trademark portfolio only includes EUTMs filed after 1 January 2021 and you sell into the UK, you should:
No. Since 1 January 2021, EU trademarks (EUTMs) no longer provide any protection in the UK. If you held an EUTM registered before that date, a comparable UK trademark was created automatically. If you only hold an EUTM filed after 1 January 2021, you have no UK rights at all.
If you sell goods or provide services in both the UK and the EU, yes. A single EUTM no longer covers the UK, and a UK registration has never covered EU member states. You need separate filings for each territory, or a single international registration through the Madrid Protocol designating both.
A UK IPO application costs £205 for one class online. An EUIPO application costs €850 for one class. For a single-class mark filed in both, expect a combined cost of roughly £205 + €850 (approximately £935 total depending on exchange rates).
Applicants with pending EUTM applications as of 1 January 2021 had nine months (until 30 September 2021) to file a corresponding UK application claiming the same filing date and priority. This was not automatic; you had to actively refile with the UK IPO.
Yes. The UK and the EU are both members of the Madrid Protocol. You can file a single international application through WIPO designating the UK and the EU separately. This is often the most cost-effective route if you also want protection in other countries.