If your trademark is registered in the UK only, this will only grant you rights and protection in relation to your registered mark in the UK only. Therefore, in circumstances where third parties were to misuse your mark, you will only have the protection against this infringement in the UK.
Can I acquire protection for my mark within the Member States of the European Union?
Yes, you have the option of also applying to the EU Intellectual Property Office for a European Union Trade Mark. This will then grant you with rights to your trademark amongst the Member States. Essentially, acquiring a EUTM will save you from making 27 separate trademark applications, as a EUTM is a single trade mark application that would be valid amongst the Union.
How did Brexit impact EUTM’s?
Those who were already proprietors of a EUTM, (from January 2021) were also given an analogous UK trademark alongside their EUTM’s. This made sure that EUTM proprietors rights were not placed at a disadvantage because of Brexit. However, those who wish to make an EUTM application from now on, will be required to make two separate applications, one for a EUTM and another for a UK trade mark if they wish to protect their mark within the EU and the UK.
If you would like to discuss protection of your brand, please get in touch with the Trademarkroom team today.
