# UK Trademark Registration after Brexit: Procedure and Key Considerations

Any business preparing to enter the UK market should consider its trademark protection strategy separately.

Source: https://www.iplexlaw.co.kr/en/blog/1518312

HOME / NEWS & INSIGHTS NEWS & INSIGHTS UK Trademark Registration after Brexit: Procedure and Key Considerations Any business preparing to enter the UK market should consider its trademark protection strategy separately. Overseas Trademarks 2026.08.06 published IPLEX 5 min read Hello, this is IPLEX IP Law Firm. Any business preparing to enter the UK market should consider its trademark protection strategy separately. In the past, registering a European Union trademark (EUTM) would allow you to exercise your rights across EU member states, but after Brexit, the UK has an independent trademark system. Therefore, currently, EU trademarks and UK trademarks must be viewed as separate rights, and a separate trademark protection procedure through the UK IPO (UK Intellectual Property Office) is required to protect brands in the UK. Recently, after completing EU trademark registration to advance into Europe, many companies are asking whether they need to register additional trademarks in the UK ahead of entering the UK market. In this article, we will summarize the changes to the UK trademark system and application methods after Brexit, as well as practical matters that companies should consider. Basic features of the UK trademark system First-to-file application The UK adopts a first-to-file system, where the first person to apply for a trademark secures the rights. Therefore, if you are planning to launch a brand or expand overseas, it is important to quickly secure the rights to prevent a situation where a competitor files first, regardless of actual use. Multiple products and services can be protected with one application The United Kingdom also operates a multi-class application system that allows multiple classes of products and services to be designated in one trademark application. Using this, it is efficient in terms of management as it allows the necessary products and services to be protected at once according to the scope of brand operation. After Brexit, UK trademarks will need to be managed separately The Brexit transition period ended on 31 December 2020. From 1 January 2021, an EU trademark no longer provides protection in the UK. Accordingly, if you wish to secure trademark rights in the UK, you should consider the following methods: Apply directly to the UK Intellectual Property Office (UK IPO) Designated as UK through Madrid international trademark application However, there are differences in how existing rights are handled depending on the pre-Brexit situation. On 1 January 2021, the UK IPO created comparable UK rights for EUTMs registered by the end of the transition period. Applicants with pending EUTM applications had until 30 September 2021 to apply for the same mark in the UK while retaining the earlier EUTM filing date. Additionally, automatically converted UK trademarks are subsequently managed under separate rights from EU trademarks, so they must be managed independently at the time of renewal. Procedure from UK trademark application to registration UK trademark applications generally proceed in the following order: ① Application Applications are made through the UK IPO, and the main information that must be submitted is as follows. Trademark samples (letters, logos, etc.) Designated goods and services Applicant Information filing fee ② Screening The UK Intellectual Property Office examines trademarks primarily for their registrability. Key considerations include: Lack of distinctiveness Whether it is an expression that describes a product or service Whether the mark is contrary to public policy or liable to mislead consumers What is unique is that in the UK examination process, the examiner does not directly determine similarity to a preceding trademark as a reason for rejection. Even if a similar prior trademark is discovered during the examination process, this will be notified to the applicant and the prior trademark holder. Afterwards, the prior trademark holder must file an opposition to proceed with the actual dispute process. ③ Publication and opposition Trademarks that pass examination are published and can be opposed by third parties, generally for about two months. If the prior trademark holder does not file an opposition during this period, the registration process may proceed even if a similar prior trademark exists. Therefore, prior trademark research before filing an application is very important in the UK. ④ Registration If there are no oppositions or the dispute is resolved, the final registration will be completed. It generally takes around 4 to 6 months to register a trademark in the UK. Registered trademarks are protected for 10 years from the date of application and can be renewed every 10 years thereafter. Special regime of British trademarks – series trademarks One of the notable aspects of the UK trademark system is the ‘Series Trademark’ system. A series trademark is a system that allows multiple trademarks that are similar to each other but differ only in some elements through one application. For example, it is possible to protect several types of brand designs with the same logo, with only the colors changed, through a single application. This can help companies operating multiple brand variants reduce filing costs. However, this series trademark system can be used in UK direct applications and does not apply to UK designations through Madrid international applications. Matters that must be managed after registration Non-use cancellation system In the UK, just because a trademark is registered doesn't mean it's permanent. If the trademark has not been actually used for 5 years after registration, or if use has been discontinued for more than 5 years, a third party may request cancellation of the trademark. Therefore, even after trademark registration, it is important to manage actual usage data and keep records of brand operation. trademark renewal The protection period for UK trademark rights is 10 years, and can be renewed in 10-year increments. In particular, care must be taken as UK trademarks, which have been automatically converted after Brexit, require separate renewal management from EU trademarks. UK trademark registration is not simply a process of submitting an application, but is an important process linked to a company's overseas expansion strategy. After Brexit, the UK and EU operate under completely different trademark regimes, so you will need to consider separate protection strategies depending on your plans to enter the UK market, regardless of whether you have registered your existing EU trademark. In addition, it is possible to secure stable rights by comprehensively determining prior trademark research, appropriate product selection, use of the Madrid system, and applicability of series trademarks before filing. Read the Korean source This article reflects the information available when it was published. Contact us to discuss your circumstances. Discuss this topic ↗ All articles ON THIS PAGE Basic features of the UK trademark system After Brexit, UK trademarks will need to be managed separately Procedure from UK trademark application to registration Special regime of British trademarks – series trademarks Matters that must be managed after registration TALK TO IPLEX Discuss your IP questions We consider your technology and business needs together. ↗ Contact us Newer When Is a Divisional Patent Application Useful? 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