Brexit boost: UK trademark disputes double following Britain’s exit from the European Union
The number of UK trademark disputes has soared to record highs due to a surge of trademark applications following Britain’s exit from the European Union.
Disputes in the UK more than doubled from 3,584 in 2020 to 8,026 in 2021, according to new research from intellectual property (IP) law firm Mathys & Squire.
The surge comes after the UK left the EU’s trademark system in January 2021, meaning any business hoping to protect their IP in the UK must register their copyright separately with British authorities.
Britain’s exit from the European trading bloc’s IP system saw the number of applications jump 54 per cent, from 127,000 in 2019/20 to 195,000 in 2020/21.
In response to the surge, the UK’s Intellectual Property Office (IPO) hired 100 new staff, as it sought to tackle the backlog of applications.
In one case, McDonald’s successfully challenged an application to register McVegan as a trade mark in the UK.
In another, the producer of the BBC’s MasterChef successfully opposed three separate cookery schools from using variations of the words Master Chef Academy in their names.
IP experts said the trend is likely to continue going forwards, as the impacts of Brexit are set to have permanent effect on the UK’s trademark system.
Mathys & Squire lawyer Harry Rowe, said: “The Brexit-fuelled dash to file trade marks in the UK has inevitably led to more disputes. Businesses need to ensure that they police the register to maintain the distinctiveness and value of their brands.”
“It is likely that this is no short-term spike in disputes – this is what trade mark protection in the UK is now going to look like.”
“Brexit has opened up a whole new battlefield for businesses with valuable brands to protect. Prior to Brexit, trade mark owners could protect their trade mark across all the EU member states in one application.”
“Now that the UK is no longer covered in an EU trade mark, trade mark owners must file two separate applications in order to achieve the same protection.”
“There is now twice as much ground to cover for businesses seeking to protect their investment in their brands.”