BREXIT – Update

Almost four years after the referendum it will finally happen. On 31 January the United Kingdom will leave the EU. Is this a done deal? Not yet, there will be a transition period until the end of December 2020, during which the UK will comply with EU legislation. The transition period can be prolonged with two years and aims to reach a trade agreement between the EU and the United Kingdom.

Is there any news regarding the consequences of the Brexit for owners of EU trademark and design rights? Yes, we will briefly summarise the information below:    

Existing EU trademark and design registrations

On 1 January 2021, a comparable UK registration will automatically be created for existing EU registrations. This UK registration will have the same filing and registration date as the EU registration. No new certificate will be issued. The UK registration number will consist of the prefix ‘UK009’ and the last 8 digits of the EU registration number.

Pending EU trademark and design applications

For applications which have not been registered by 1 January 2021, a request may be submitted to the UK Intellectual Property Office within 9 months. A comparable UK application will then be created with the same filing date as the EU application. The costs involved will be the same as for filing a new national application in the UK. 

New EU trademark and design applications

Are you considering a new trademark or design application in the EU and is the UK an important market for you? Contact us and together we will determine which filing strategy suits your needs best so that you can be sure that your trademark or design is well protected.

Please, do not hesitate to call or email us if you have any questions.

Source: UKIPO; WIPO.