Post-Brexit Trademark Strategy: UK and EU Dual Filing for Complete Coverage

Post-Brexit Trademark Strategy: UK and EU Dual Filing for Complete Coverage

Since January 1, 2021, the United Kingdom is no longer part of the EU trademark system. An EU trademark (EUTM) registered with the EUIPO no longer provides protection in the UK, and a UK trademark registered with the UKIPO does not cover any EU member state.

For businesses operating in both markets, this creates a critical strategic question: how do you efficiently protect your brand across both the UK and EU?

This guide provides a comprehensive post-Brexit trademark strategy.

Pro tip: Not sure whether you need dual UK + EU coverage? Request a free trademark check and we'll assess your situation.

What Changed at Brexit

Before Brexit (Pre-2021)

• A single EUTM covered 28 countries including the UK
• One application, one fee, one registration
• The EUIPO was the only office you needed

After Brexit (Post-2021)

• EUTMs now cover 27 EU member states (excluding the UK)
• UK trademark protection requires a separate UKIPO registration
• Two applications, two fees, two registrations
• Two different renewal timelines to manage

Comparable UK Trademarks

To protect existing rights, the UK government automatically created comparable UK trademarks for every EUTM that was registered or pending on December 31, 2020.

Key Facts:

• Automatically created — no action required by the trademark owner
• Same filing/priority/seniority dates as the original EUTM
• Independent from the EUTM — changes to the EUTM don't affect the comparable UK mark
• Free to create — but the UK mark has its own renewal fee (GBP 200 per class at renewal)
• Assigned a UK registration number — prefixed with "UK009" followed by the EUTM number

What This Means for Your Portfolio:

If you had an EUTM before Brexit, you now have two registrations to manage:

1. The original EUTM (covering 27 EU states)
2. The comparable UK trademark (covering the UK only)

Both need to be renewed separately — renewing the EUTM does not renew the comparable UK mark.

Dual Filing Strategy

For new filings after Brexit, you need to decide your approach:

Option 1: UK + EUTM (Dual Filing)

Best for: Businesses actively operating in both the UK and EU markets.

Advantages:

• Complete coverage across 28 jurisdictions (27 EU + UK)
• Independent registrations — problems with one don't affect the other
• UK registration not dependent on EUTM validity

Disadvantages:

• Higher initial cost
• Two applications to manage
• Two renewal timelines

The GTC advantage: Our UK trademark service and EU trademark service can be filed simultaneously, and our team manages both registrations through a single point of contact.

Option 2: EUTM Only

Best for: Businesses with no current UK market presence and no plans to enter the UK.

• Covers 27 EU member states
• Single application and registration
• No UK filing cost

Risk: If you later want UK protection, you'll need a separate filing without the benefit of the EUTM filing date.

Option 3: UK Only

Best for: Businesses operating exclusively in the UK market.

• Lowest cost option (GBP 170 for one class)
• Simplest to manage
• No EU coverage

Risk: No protection if you sell to EU customers or expand into EU markets.

Option 4: Madrid Protocol

Best for: Businesses filing in multiple countries beyond UK + EU.

The Madrid Protocol allows you to designate both the UK and EU (plus other countries) through a single international application.

• Centralized management through WIPO
• Single renewal process
• But: "central attack" vulnerability for 5 years

For multi-jurisdiction strategies, see our international trademark service.

Cost Comparison: Filing Strategies

For most businesses operating in both markets, the dual filing cost is modest relative to the value of protecting your brand across 28 countries.

Seniority Claims

Seniority is a concept that was particularly relevant before Brexit. If you had:

1. A national UK trademark, AND
2. A later EUTM covering the same mark and goods/services

You could claim seniority of the earlier UK mark in your EUTM. This meant you could let the UK national mark lapse while preserving the earlier filing date through the EUTM.

Post-Brexit Impact:

• Seniority claims made before Brexit were preserved in comparable UK trademarks
• New seniority claims between UK and EUTM are no longer possible (since the UK is not an EU member state)
• Existing seniority relationships continue to be honoured

Priority Claims Between UK and EU

Despite Brexit, priority claims still function between the UK and EU:

• File in the UK → claim priority in the EU (within 6 months), and vice versa
• Both the UK and EU are Paris Convention members
• This means your earlier filing date is preserved in the second jurisdiction

Strategic use: File in the cheaper jurisdiction first (UKIPO: GBP 170), then claim priority in the EUTM filing within 6 months.

Managing a Post-Brexit Portfolio

Audit Your Existing Registrations

1. Identify comparable UK trademarks — check if they were correctly created
2. Verify renewal dates — the comparable UK mark may have a different renewal date than the EUTM
3. Review specifications — the goods/services should match the original EUTM
4. Check for use requirements — the 5-year use requirement applies independently in each jurisdiction

Consolidate Your Strategy

• Align renewal dates where possible to simplify portfolio management
• Consider whether all marks need dual coverage — some marks may only be commercially relevant in one jurisdiction
• Monitor for conflicts in both systems independently

When Each Strategy Makes Sense

Northern Ireland Protocol Considerations

Northern Ireland occupies a unique position post-Brexit:

• EUTMs may still be enforceable in Northern Ireland for goods under the Windsor Framework
• UK trademarks cover Northern Ireland as part of the UK
• There is potential for dual enforcement in Northern Ireland

This area of law is evolving and may change as the UK-EU relationship develops.

Build Your Post-Brexit Trademark Strategy

Navigating the post-Brexit trademark landscape requires strategic planning. Whether you need to audit your existing portfolio, file new applications, or manage dual registrations — Global Trademark Company provides end-to-end support.

Start with a free trademark check →