Schedule 2A, Part 1, paragraph 17

This paragraph applies where immediately before IP completion day an existing EUTM is the subject of a licence (a “relevant licence”) which— authorises the doing of acts in the United Kingdom which would otherwise infringe the European Union trade mark; and does not expire on IP completion day. Subject to any agreement to the contrary between the licensee and the licensor, a relevant licence continues to authorise the doing of acts in the United Kingdom which would otherwise infringe the comparable trade mark (EU) which derives from the existing EUTM. Sub-paragraph (2) is subject to— the terms on which the relevant licence was granted; and such modifications to the terms referred to in paragraph (a) as are necessary for their application in the United Kingdom. Section 25 applies in relation to a relevant licence as if it were a registrable transaction affecting a comparable trade mark (EU), subject to the modifications set out below. An application under section 25(1) may only be made by— a person claiming to be a licensee by virtue of the relevant licence; or the proprietor of the comparable trade mark (EU). Where immediately before IP completion day there is an entry in the EUTM Register relating to a relevant licence— section 25(3) and (4) does not apply until after the expiry of the relevant period; and section 25(4)(a) applies after the expiry of the relevant period but as if the reference to six months beginning with the date of the transaction were a reference to eighteen months beginning with IP completion day. In paragraph (6)(a), the “relevant period” means the period of twelve months beginning with the day after that on which IP completion day falls.

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Source: legislation.gov.uk · retrieved 2026-09-04