header-logo header-logo

01 May 2026 / Roger Lush , Lara Elder
Issue: 8159 / Categories: Features , Intellectual property , EU , Brexit
printer mail-detail

How big was the breakup?

248356
© Getty images

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll