All information, including priority, seniority, application and registration dates as well as the specifications in the Comparable registration are identical to the EUTM registration.

Replication of Comparable registrations was automatic, no additional action is required and no additional official fees apply.

No registration certificate will issue, however, details of the Comparable registration are available online on UK IPO.

Comparable registrations have the equivalent legal status to national UK trade mark registrations.

Assuming that the UK is not relevant or if a UK registration had already existed before Brexit and the Comparable registration is not required, one can formally apply to the UK IPO to “opt out” thereby removing the Comparable registration.

In our view the most practical approach, which requires no action, is to do nothing further.  On renewal either UK registration – or both – can be renewed or allowed to lapse.

Applicants of pending EUTMs are therefore required to re-apply for the Comparable UK rights during a nine-month period on payment of a fee to the UK IPO, the deadline being 30 September 2021. All original EUTM filing details and dates will be retained and the application will undergo the usual examination process by the UK IPO.

Assignments recorded against an EUTM prior to Brexit will apply equally to the Comparable registration.  If an EUTM was assigned to another party prior to Brexit but the change of ownership from Assignor to the Assignee was not recorded on the EUTM register, the Comparable registration will remain in name of the Assignor requiring an application to record the assignment on the UK register.

Pending cancellations filed prior Brexit and on the basis of prior EUTMs will continue before the UK IPO.

If the corresponding EUTM is cancelled or invalidated pursuant to proceedings which commenced prior Brexit, the Comparable UK registration will also be cancelled or invalidated.

Pending UK oppositions filed prior Brexit and on the basis of prior EUTMs and/or International registrations designating the EU, will continue before the UK IPO.  The ruling will, however, only be applicable to the Comparable UK mark.

–       EUTMs will no longer be considered earlier rights in the UK;

–       UK rights cannot be enforced in the EU, EUTMs cannot be enforced in the UK relying instead on the Comparable registration.