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Roger Lush & Lara Elder examine the state of UK and EU trade mark law, ten years post-Brexit
- Post-Brexit, UK and EU trade mark law remain broadly aligned, but evolving practices are leading to some divergence—particularly around bad faith filings and registrability standards.
- Procedural differences between the UKIPO and EUIPO are increasingly significant, with the UKIPO adopting a more court-like, rigorous and interventionist approach, while the EUIPO remains largely administrative with minimal case management.
There have been no fundamental changes to trade mark law in the UK since Brexit. However, recent cases and procedural shifts are producing some meaningful differences in aspects of law and practice between the UK and EU.
When Brexit took effect on 1 January 2021, the UK retained EU law and jurisprudence in the field of trade marks. However, since the Retained EU Law (Revocation and Reform) Act 2023 came into force in January 2024, the Court of Appeal and Supreme Court have had the power to overturn what was formerly binding EU case law, thus providing the opportunity for UK law,
