The Day Everything Split
For decades, a single EU Trade Mark registration covered the United Kingdom as a member state. British brands could register once with the EUIPO and be protected across 28 countries. Foreign brands entering Europe got UK coverage automatically as part of their EUTM.
That changed on January 1, 2021, when the Brexit transition period ended. From that date forward, EU and UK trademark systems became entirely separate. A new EUTM covers 27 EU countries and does not extend to the UK. A new UK trademark covers the UK and does not extend to the EU. If you want both, you need both.
What Happened to Existing EUTMs
To manage the transition, the UK government automatically created "comparable UK trade marks" for every EUTM that was fully registered before January 1, 2021. This happened without any application or fee from the trademark owner.
These cloned UK registrations:
- Kept the same filing date as the original EUTM (preserving priority)
- Covered the same goods and services
- Became fully independent UK registrations, managed by the UK Intellectual Property Office (UKIPO)
- Are renewable, assignable, and enforceable as UK national marks
If your business registered an EUTM before January 2021 and hasn't checked what happened to it, search the UKIPO register — you almost certainly have a UK registration you didn't know about. These marks now need to be managed, renewed, and maintained independently of the parent EUTM.
Check your UKIPO status: Search at trademarks.ipo.gov.uk. Enter your brand name or your original EUTM number prefixed with "UK009" (EUTMs registered before January 2021 appear in the UK register with a "UK009XXXXXXX" format number). Find it, verify the details are correct, and add its renewal date to your calendar.
Pending Applications at the Brexit Cutoff
EUTMs that were still pending on January 1, 2021 — applied for but not yet registered — were handled differently. Owners of pending EUTMs had a 9-month window (until September 30, 2021) to file an equivalent UK application, retaining the original EUTM filing date as the priority date.
If you had a pending EUTM on January 1, 2021 and didn't file a UK application within the 9-month window, you lost the opportunity to claim the earlier priority date for a UK registration. You can still file a UK application, but it will carry today's filing date, not your original EUTM date — meaning any similar marks filed in the UK between your original EUTM date and now could have priority over you.
Filing a New UK Trademark Today
The UKIPO Process
New UK trademark applications are filed with the UK Intellectual Property Office (UKIPO) through their online portal. The process is similar to USPTO filing but notably faster:
- File online at ipo.gov.uk
- Select your Nice Classification class(es) and describe the goods/services
- Pay the filing fee
- Examination by a UKIPO examiner (absolute grounds, no relative grounds search by default)
- 2-month publication period for oppositions if the mark passes examination
- Registration if no opposition is filed
Fees
UKIPO Online Filing Fees (2026):
1st class: £170
Each additional class: £50
Example — 3 classes: £170 + £50 + £50 = £270
Renewal (every 10 years): £200 for 1st class + £50 per additional class
At current exchange rates, a single-class UK filing costs approximately $215 — cheaper than both the USPTO ($250–$350) and the EUIPO (€850). For brands that primarily operate in the UK market, the UKIPO is one of the most cost-effective trademark offices in the world.
Timeline
UK trademark examination is among the fastest of any major trademark office — typically 4 months from filing to registration for an uncontested application. The 2-month opposition period follows examination, meaning the total timeline to registration can be as short as 6 months in straightforward cases.
UK vs EU: Two Independent Systems Going Forward
The most important operational reality post-Brexit: UK and EU marks are now completely separate legal instruments. Every action that affects one has no automatic effect on the other:
- Renewal: Renewing your EUTM does not renew your UK mark. Both have separate renewal dates and separate fees.
- Assignment: Assigning (selling or transferring) your EUTM does not transfer the UK comparable mark — that requires a separate UK assignment recorded with the UKIPO.
- Licensing: A license covering your EUTM does not automatically cover the UK mark. License agreements that predate Brexit should be reviewed to confirm they adequately address both territories.
- Cancellation: A cancellation action against the EUTM has no effect on the UK comparable mark, and vice versa. The two marks can diverge completely over time.
For U.S. Brands: The New Three-Filing Reality
Before Brexit, a U.S. brand expanding internationally might file in the U.S. and the EU for two registrations covering most of the English-speaking and European world. Post-Brexit, full coverage of the U.S., EU, and UK requires three separate filings:
- USPTO (U.S.) — $250–$350/class
- EUIPO (27 EU countries) — €850 for 1st class
- UKIPO (UK) — £170 for 1st class
The combined cost for a single-class filing across all three is approximately $1,400–$1,500 at current exchange rates — a manageable investment for a brand with genuine transatlantic presence.
Frequently Asked Questions
Do I need to file a new UK trademark application if I already have an EUTM?
It depends on when your EUTM was registered. If it was fully registered before January 1, 2021, a comparable UK trade mark was automatically created — check the UKIPO register to confirm. If your EUTM was filed or registered after January 1, 2021, it does not cover the UK and you need to file a separate UK application for UK protection.
Can I use the Madrid Protocol to file in both the EU and UK at the same time?
Yes. Both the EU and the UK are members of the Madrid System. You can designate both the EU (as a territory via EUIPO) and the UK in a single Madrid Protocol international application from a U.S. base registration or application. This is the most administratively efficient approach when targeting multiple territories simultaneously.
How long does UK trademark registration take?
For an uncontested application, UK trademark registration typically takes around 4 months from filing to registration — among the fastest major trademark offices in the world. The process includes examination, a 2-month opposition publication period, and registration. Complex applications or opposed applications take longer.
What if my UK comparable trade mark has incorrect details?
UK comparable marks created at the Brexit transition inherited the details of the parent EUTM. If the EUTM had any errors — incorrect goods/services description, wrong owner details — those errors carried over. Review your UK comparable mark details carefully and file a request for correction with the UKIPO if anything is wrong.