Skip to content
Introduction
Hats and headwear are more than just accessories in the vibrant and expressive world of fashion; they are declarations of identity. Europe has a rich history of millinery design, from Milanese fedoras to Parisian berets. To stay competitive across the Channel, EU-based headwear brands must, however, reevaluate their intellectual property (IP) strategies in the wake of Brexit. An important stop along that path is to file for a trademark in the UK.
The IP Scene After Brexit
EU Trade Marks (EUTMs) are no longer protected in the UK as of January 1, 2021. This implies that unless they have filed locally, any brand, regardless of how well-protected it is in the EU, is at risk in the UK. Due to the UK IPO’s current separation from the EUIPO, companies based in the EU are required to take direct action.
Because of this change, the once-simple pan-European protection process has become more complicated. Previously reassured by the single market’s unity, EU companies now have to actively seek protection in a completely different jurisdiction. This entails keeping an eye out for infringements in two systems, managing two sets of renewal deadlines, and strategically deciding how to position themselves in the EU and UK markets.
The UK Market: A Lucrative and Powerful Space
Global fashion trends have long been set by the UK. Periods have been defined by British symbols throughout history.
One of the “Big Four,” London Fashion Week continues to shape retailer priorities and consumer behaviour globally. For headwear companies based in the EU, the UK represents a lost opportunity for both commerce and culture.
In addition, the United Kingdom is a fashion powerhouse in its own right. Headwear continuously occupies a space between self-expression and functionality, and it is among the top five European apparel markets. There are thriving market subsectors for ceremonial hats, sports caps, and cold weather accessories. When you factor in the influence of UK-based retailers like ASOS, Harrods, and Selfridges, the stakes go up.
The Danger of Copycats and Infringement
A domestic UK entity may legally capitalise on your reputation by registering a mark that is similar to or identical to your fashionable brand of straw Panama hats that is registered in the EU but not in the UK. Even worse, you might not be allowed to sell under your own name in one of the biggest fashion markets in Europe. This is especially dangerous if a brand has become well-known through influencer marketing, international advertising, or e-commerce sites that disregard national intellectual property rights.
The “bad faith” applicant, a UK-based business that registers a well-known EU brand in the UK with the intention of obtaining licensing fees or causing disruption, is a typical example. Your legal options become limited and expensive if you are not registered in the UK.
Enforcement of Customs and Borders
You cannot register your brand with UK customs for enforcement if you do not have a UK trademark. This restricts your ability to prevent the entry or movement of fake headgear within the United Kingdom. The UK Border Force is still on the lookout for fake goods, and proactive trademark registration is a key component of many successful enforcements.
Furthermore, customs seizures in the UK are a component of larger anti-counterfeiting initiatives. Registering a trademark becomes your first line of defence if your brand is being copied and sold in UK street markets or online.
Online visibility and digital sales
In the current digital era, e-commerce influences the majority of fashion sales. A registered UK mark strengthens your position in domain disputes, takedown requests, or platform-specific brand registry programmes if you sell on websites such as ASOS, Boohoo, or Amazon UK.
Your brand’s online presence could result in infringement, passing off, or unfair competition claims even if you don’t have a physical store in the UK. You will only have statutory remedies and enforcement power if your trademark is registered in the UK.
Filing Method for Brands of Headgear
- Consider these classes: Generally speaking, Class 25 includes hats and headgear.
- Design Rights: Take into account design registrations as well, particularly for ornamental or distinctive designs.
- Defensive Marks: Note product lines, frequent misspellings, and acronyms.
- To ensure consistent brand protection, file both EU and UK trademarks together.
- Opposition Monitoring: Keep an eye on UKIPO bulletins for new filings that raise questions.
Example: The Beret Company.
On Instagram, a French company known for its stylish berets experienced rapid growth. In the UK, it never filed. A UK seller began marketing subpar replicas under the same brand name within months. Early UK registration would have spared the brand from a protracted opposition battle.
Finally,
A well-designed hat may attract attention, but the only way to protect your brand is with a well-considered trademark strategy. For EU-based headwear companies, registering a UK trademark is now mandatory rather than optional. By safeguarding your intellectual property internationally, you can ensure that your crown remains yours in every kingdom.
If you have any questions regarding this article please reach out! Photograph courtesy of Michael Coyle Solicitor Director on a recent trip to Amsterdam. 16th Dutch Whale Hunter caps!
tmr@trademarkroom.com
