Since Brexit, an EU trademark gives you nothing in the United Kingdom. Selling into both markets means holding both rights: an EU trademark covering all 27 member states as one unit, and a separate UK trademark from the UK IPO. Each typically completes in 4 to 6 months if uncontested, and each lasts 10 years from the filing date.
Key takeaways
- An EU trademark covers all 27 member states as a single unit but has no effect in the UK.
- EUIPO examines absolute grounds itself; earlier-mark conflicts only arise if someone files an opposition.
- The opposition window is three months after publication in the EU, two months, extendable, in the UK.
- Both routes typically register in 4 to 6 months when nothing is raised.
- Sellers active in both markets need two filings, because there is no shared right anymore.
What actually changed at Brexit?
Before the withdrawal, an EU trademark reached UK territory automatically. At the point of exit that stopped: an EU trademark now begins and ends at the EU's borders, and businesses that had relied on EU rights for the UK had to make sure separate UK protection existed. Positions held at the moment of exit were handled through conversion arrangements on the UK register, but for anyone building a brand today the picture is a clean split: two offices, two rights, two renewal diaries.
Practically, this means an EU-only portfolio is a UK gap. The gap stays invisible until the day it matters, which is usually when a copycat files the same name in the UK or a marketplace record is challenged. The split is permanent, and any filing calendar should now treat the two territories as fully independent systems.
What does an EU trademark give a seller?
One registration, 27 member states, one central renewal. The unit is the point and also the weakness: the EU trademark stands or falls as a whole. EUIPO examines absolute grounds on its own, so a mark that is descriptive or non-distinctive will not pass examination regardless of what anyone else thinks.
Earlier rights enter the picture only if their owner files an opposition, and that window runs three months from publication. If nothing is raised, an EU registration typically completes in 4 to 6 months, and the term is 10 years from the filing date, renewable. Filing scope and process are summarized on our EU trademark page.
How does the UK route differ?
A UK trademark is filed directly with the UK IPO and examined against the UK's own standards. In practice the usual obstacle is the same absolute one, distinctiveness and descriptiveness, and the usual cure is either legal argument about the mark or, where a sign is descriptive on paper but has genuinely become a brand identifier through use, evidence of acquired distinctiveness.
Once accepted, the mark is published for a two-month opposition period, which third parties can extend. Examination moves quickly, and an uncontested UK registration typically completes in 4 to 6 months. Details are on our UK trademark page.
Where exactly do the two routes differ?
| Point | EU trademark | UK trademark |
|---|---|---|
| Coverage | All 27 EU member states, as one unit | The United Kingdom only |
| Office | EUIPO | UK IPO |
| Opposition window after publication | 3 months | 2 months, extendable |
| Typical uncontested timeline | 4 to 6 months | 4 to 6 months |
| Term | 10 years from filing, renewable | 10 years from filing, renewable |
When do you need both, and what does a gap cost?
If revenue, listings or brand advertising run across both the EU and the UK, you need both rights. Marketplace rules sharpen the point: Amazon Brand Registry wants a trademark matching the marketplace, and brand owner and seller records must line up. An EU-only portfolio therefore leaves a UK store resting on a right you do not hold in that territory.
The cost of the gap is structural. Official fees are charged per class and change periodically, but a missing UK registration ultimately costs more than the missed filing: either a fresh application that starts from today's date, or an opposition or invalidity fight against someone who registered your name in the meantime. Filing both up front is the cheaper problem. Our filing services cover EU and UK applications with a pre-filing clearance search before any filing is submitted.
Frequently asked questions
Does a pre-Brexit EU trademark still mean anything in the UK?
For new business, do not rely on it. An EU trademark gives no UK protection today. If you held EU rights when the split happened, whether you also hold a corresponding UK record is a question about the register, not about general articles, so get advice on your specific portfolio before assuming coverage in either direction.
Which is harder to obtain, the EU or the UK registration?
Both offices examine absolute grounds themselves, and descriptiveness is the familiar battleground in each. The practical differences are the opposition window, three months in the EU against two, extendable, in the UK, and the all-or-nothing scope of the EU unit. In the EU, earlier-mark conflicts only surface if a third party opposes within that window.
Can one Madrid application cover the EU and the UK?
Yes. The EU and the UK can both be designated in a single international application based on a home filing. Each office then examines under its own law, and the route typically takes 12 to 18 months, against 4 to 6 months for direct EU or UK filings if uncontested.
What is the upkeep after grant?
Ten years from the filing date, then renewal, in both territories. EU renewal covers all member states as one unit, UK renewal covers the UK, and fees are charged per class and reviewed periodically. Keeping both alive is administratively simple once the dates go into your calendar on the day they issue. Ask us to verify dates for an existing portfolio via the contact page.