Does Your EU Trademark Cover the UK? What to Check Before Expanding
TL;DR
An EU trademark has not covered the UK since 1 January 2021.
If your EU trademark was registered by 31 December 2020, you may already own a separate comparable UK trademark.
If you filed later, or are launching a new brand, you will usually need a new UK application.
Clear the name for the UK and file before packaging, distribution and marketing commitments make changes expensive.
A UK launch can be ready before the trademark is
A Swedish company filed an EU trademark in 2023, sells across Europe and has just signed a distributor in London. Packaging is being approved and marketing has a launch date. Then someone asks: does our EU trademark cover the UK?
It does not. Every UK launch plan should answer two questions:
Do we have trademark protection in the UK, or do we need to apply?
Can we use this brand in the UK without conflicting with someone else’s rights?
An EU trademark no longer covers the UK
In plain English, an EU trademark protects your brand in the 27 EU member states, and the UK is no longer one of them. Trademark rights are territorial, so protection in one market does not reserve the brand anywhere else.
An EU trademark does not cover the UK.
A Swedish trademark registered with PRV does not cover the UK.
To protect your brand in the UK, you need UK rights.
Your starting point depends on when you filed in the EU
Start by working out which situation you are in:
EU trademark registered by 31 December 2020: the UKIPO created a separate comparable UK trademark. Check that it still fits your brand.
EU trademark filed or registered later: you have no UK protection. Plan a UK application.
EU application pending at the end of 2020 and not refiled by 30 September 2021: you have no UK protection, and the special refiling route has closed.
New brand with no trademark: include the UK in your clearance and filing plan from the start.
The UKIPO’s official guidance explains how comparable trademarks were created. If you are unsure, search the UK trademark register.
If you already have a comparable UK trademark, check it
A comparable UK trademark was copied from your EU registration, so it may not match today’s brand. Check:
Owner: is the correct company named?
Brand: does it show the name or logo you plan to launch?
Scope: does it cover the products you will sell in the UK?
Use: after five years without use, a UK registration can be challenged, and use in the EU after 2020 does not count as UK use.
Renewal: UK and EU renewals are separate.
If you have never had UK protection, choose a route
You can apply in two main ways:
A national UK application: filed directly with the UK Intellectual Property Office (UKIPO). Often the simplest choice when the UK is your only new market.
The Madrid System: use your EU or Swedish application as a base to designate the UK and other countries. Useful when you are expanding into several markets at once.
Rule of thumb: if your EU or Swedish application was filed within the last six months, you can generally claim its filing date in the UK under the Paris Convention. Decide quickly, or you lose the earlier date. (See Abrande’s article on Apple’s IPHONE DUO filing for how priority works.)
Clear the brand for the UK, not just the EU
An EU clearance search does not check the UK register. Before you launch:
Search for similar UK trademarks, not just identical names, as the UKIPO recommends.
Check Google, marketplaces, app stores and company records for UK businesses already using similar names. They may have rights even without a registration.
Ask yourself whether a UK customer could think your brand and an existing one come from the same business.
Abrande’s guide on avoiding trademark conflicts before launching internationally covers the full search process.
Match your goods and services to the UK launch
A trademark protects your brand only for the goods and services listed in it. Don’t just copy your EU wording.
Example: a Swedish skincare company’s EU trademark covers non-medicated skincare products. Its UK launch adds supplements and a subscription service. A UK application that copies the EU wording may leave both uncovered.
Describe what you will sell in the UK now and over the next two to three years.
Check the wording against the UKIPO’s classification guidance.
Remember that you can usually narrow a specification after filing, but not broaden it.
For more, see Abrande’s DIY guide to Nice classification.
A simple UK expansion checklist
Search the UK register for existing or comparable UK trademarks.
Decide whether you need a new application.
Check whether you are still within the six-month priority window.
Clear the brand for the UK market.
Draft the goods and services around your UK launch.
Choose between a UKIPO filing and the Madrid System.
Name the right owner, normally the company that uses the brand.
Record UK renewal dates separately from EU ones (UK trademarks renew every ten years, per the official guidance).
The commercial takeaway
Expanding into the UK is a business decision, and the trademark question should be answered before the money is spent.
Find out where you stand: a comparable UK trademark, or a new application?
Clear the brand for the UK market.
Match the protection to what you will actually sell there.
File early enough to keep your options open.
A few checks before launch usually cost far less than a refused application, an opposition or a rebrand after the packaging is printed. The right question is not only “Does our EU trademark cover the UK?” but “Can we build our UK launch around this brand with confidence?”
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The right approach depends on your registrations, brand and launch plans. If you are planning a UK expansion, Abrande can help you check your position, clear your brand and file in the UK.
