European Union
Renewal Period (Year) | Class | Fee (EUR) |
10 | 1st | 850 |
| | 2nd | 50 |
| | Additional class | 150 per class |
l The current 27 member states of European Union are listed below:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
l The United Kingdom left the European Union since December 31, 2020, at midnight (Brussels time) and it thus was no longer a Member State of the European Union.
l The number of class in one registered trademark shall be calculated in accordance with newest version of Nice Classification.
United Kingdom
Renewal Period (Year) | Class | Fee (GBP) |
10 | 1st | 200 |
| | Additional class | 50 per class |
Important Notice：
1) Effect on EU trademark registrations post-Brexit.
l The United Kingdom left the European Union since December 31, 2020, at midnight (Brussels time) and thus was no longer a Member State of the European Union.
l EU trademarks in effect as of December 31, 2020, would be automatically separated into EU and UK trademark registrations as of January 1, 2021, with exactly the same descriptions, identifications of goods and services, and dates of use.
l No fees will be incurred for the creation of the corresponding UK trademark registration, though all other fees and maintenance requirements for renewal will apply under the existing laws and requirements of the UKIPO.
l The renewal date for any newly created UK registration will be the same as the existing underlying EU registration.
l If so desired, EU trademark rights holders may opt-out of UK trademark registrations’ automatic creation based on existing EU registrations.
2) Effect on pending EU trademark applications post-Brexit
l For pending EU trademark applications, which have not matured into a trademark registration as of December 31, 2020, applicants desiring protection in the UK must file a new UK trademark application. There is no automatic conversion process as provided for existing EU trademark registrations.
l The deadline to file a new UK trademark application based on an existing pending EU trademark application is September 30, 2021.
l Existing filing dates and priority dates from the EU application will apply to the resulting UK application if filed by the above deadline.
l If no action is taken by September 30, 2021, the EU trademark rights holder will lose the option to apply for a UK trademark application based on the pending EU trademark application existing as of December 31, 2020, and will need to comply with normal UK filing requirements, including priority requirements, for a new UK trademark should such protection be desired in the future.
3) Effect on Opposition/Cancellation Proceedings Post-Brexit.
l Opposition, cancellation, and other trademark proceedings will be affected, as follows:
u EUIPO proceedings pending as of December 31, 2020, based on EU rights will proceed as normal and will not be affected post-Brexit.
u EUIPO proceedings pending as of December 31, 2020, based on UK rights will not proceed and will be disregarded by the EUIPO – new proceedings will need to be filed in with the UKIPO.
l For UKIPO proceedings based on a pending EU trademark application, the UKIPO will grant the opponent two (2) months to substitute a UK comparable trademark – if no such substitution is made, the action will be disregarded.
l UKIPO proceedings based on EU trademark registered rights based on EU rights will proceed as normal and will not be affected post-Brexit (UKIPO will substitute the new UK trademark registration number as part of the proceeding).
l If an EU cancellation proceeding in effect as of December 21, 2020, results in the cancellation of an EU trademark after January 1, 2021, any corresponding UK trademark right based on that EU trademark will also be cancelled.
4) Use Requirements
l Post-Brexit, the following use in commerce requirements will apply for cancellation/non-use proceedings:
u For EU trademarks, use in the UK prior to January 1, 2021, will count, but use in the UK after January 1, 2021, will not constitute use in the EU.
u For UK trademarks, use in the EU prior to January 1, 2021, will count, but use in the EU after January 1, 2021, will not constitute use in the UK.
l It is important to separate out and track use of trademarks in the EU and UK after January 1, 2021, for use in commerce requirements. Lack of use in the appropriate jurisdiction (EU or UK) after five (5) years may result in cancellation.
5) The number of class in one registered trademark shall be calculated in accordance with newest version of Nice Classification.