UK and EU trade mark legislation

Published by a LexisNexis IP expert
Practice notes

UK and EU trade mark legislation

Published by a LexisNexis IP expert

Practice notes
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This Practice Note sets out the key legislative provisions which govern UK Trade mark registrations.

Framework

The trade mark regime

A ‘trade mark’ is a badge of origin that distinguishes the goods and services of one undertaking from those of another. For more information, see: Trade mark transactions and management—overview.

A UK trade mark is registered at the UK Intellectual Property Office (IPO) and once registered, affords protection across the UK. For more detailed information, see Practice Note: Application to register a UK trade mark.

An EU trade mark (EUTM) registration is a single, unitary, trade mark covering all EU Member States. An EUTM is obtained by means of a single trade mark application filed at the EU Intellectual Property Office (EUIPO). For more detailed information, see: Trade marks (EU Law)—overview.

As explained in the Brexit—comparable trade mark registrations section below, the UK’s decision to leave the EU means that the UK is no longer covered by the EUTM regime and is no longer subject to the corresponding EU legislation, although provision was made for the holders of certain

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Jurisdiction(s):
United Kingdom
Key definition:
Trade mark definition
What does Trade mark mean?

Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

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