Collective marks and certification marks in the UK

Published by a ��˾��ҹ�� IP expert

Practice notes

Collective marks and certification marks in the UK

Published by a ��˾��ҹ�� IP expert

Practice notes

This Practice Note considers collective trade marks and certification trade marks in the UK. It sets out the purpose of such marks, how they are different to traditional trade marks, and their scope. It also explains who can own collective trade marks and certification trade marks, who can use collective trade marks and certification trade marks, and the criteria for registration.

Collective marks and certification marks post-Brexit

This Practice note focuses on the UK regimes for collective trade marks and certification trade marks. For more information about the EU regimes, see Practice Note: Collective marks and certification marks in the EU.

The most significant impact of Brexit on trade marks is that the UK is no longer subject to Regulation (EU) 2017/1001 and therefore EU trade marks (EUTMs) are no longer protected in the UK.

Holders of EUTMs which were registered immediately before IP completion day automatically became the holder of a comparable trade mark registration in the UK. These UK rights retain the filing dates recorded against the corresponding EUTMs and also inherit any priority

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

��˾��ҹ��