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 and EU trade mark law post‑Brexit: framework and comparators; comparable UK rights; registration, opposition, invalidity, revocation, expiry, surrender, infringement and jurisdiction

Published by a LexisNexis IP expert

Practice notes

This Practice Note summarises the principal legislative provisions governing UK Trade mark registrations. For comparison, it also highlights the equivalent provisions of EU trade mark (EUTM) legislation, which applied before Brexit and continue to operate in the EU Member States...

Framework

The trade mark regime

A ‘trade mark’ functions as a sign of origin, distinguishing one undertaking’s goods and services from those of another. For more information, see: Trade mark transactions and management—overview.

A UK trade mark is applied for at the UK Intellectual Property Office (IPO) and, once granted, confers protection throughout the UK. For further detail, see Practice Note: Application to register a UK trade mark.

An EUTM is a single, unitary registration that covers all EU Member States. It is obtained via one application filed with the EU Intellectual Property Office (EUIPO). For more detailed information, see: Trade marks (EU Law)—overview.

As set out in the Brexit—comparable trade mark registrations section below, the UK’s exit from the EU means the UK no longer falls within the EUTM system and is no longer subject to the corresponding EU legislation...

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Web page updated on 22/05/2026

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