Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Trade mark definition

What does Trade mark mean? In practice, a trade mark is a sign used in trade to indicate the commercial origin of goods or services and to distinguish one undertaking’s products or services from another’s. In the UK, section 1 Trade Marks Act 1994 (as amended by the Trade Marks Regulations 2018) and, in Ireland, section 6 Trade Marks Act 1996 (as amended) define a trade mark as any sign that is: (i) capable of being represented on/in the register in a manner enabling the authorities and the public to determine the clear and precise subject matter of the protection; and (ii) capable of distinguishing...

UK trade mark portfolio management post‑Brexit: strategy, clearance, filing routes, maintenance, licensing, monitoring, enforcement, customs and settlement

Published by a LexisNexis IP expert

Practice notes

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This Practice Note delivers strategic and practical guidance on running a trade mark portfolio that dovetails with a company’s wider business strategy, competitive intelligence and market assessment, acting as a platform for growth and expansion.

For details on the principal considerations for registering and protecting UK trade marks, including the technical points to address when drafting the trade mark specification, see the following Practice Notes:

Application to register a UK trade mark
Opposing a UK trade mark application
Trade mark registration—strategy

This Practice Note centres on managing a trade mark portfolio. For advice on overseeing a broader portfolio that includes other IP rights, see Practice Note: How to manage an IP portfolio and How to manage an IP portfolio—checklist.

Brexit

At 11.00 pm on 31 December 2020 (IP completion day), Regulation (EU) 2017/1001 was revoked in the UK. As a result, the UK is no longer within the EU trade mark (EUTM) system and, therefore, EUTMs are not protected in the UK...

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Web page updated on 22/05/2026

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