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Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
Procedurally, the UKIPO now acts more like a court, with active case management and stricter evidence rules, while the EUIPO remains largely administrative.
The result is more complex, slower UK disputes and strategic divergence for rights holders. A ‘one size fits all’ approach is no longer viable, particularly where parallel proceedings are in play.
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