Brexit and your trade marks
The United Kingdom (UK) left the European Union (EU) on 31 January 2020. However, the status of your EU registrations will remain unchanged until the end of the “Transition Period” which is expected to be 31 December 2020. The Transition Period may be extended by up to two years, but this must be agreed before 1 July 2020.
Will my EU registrations still provide protection in the UK?
Current trade mark practice will remain the same until the end of the Transition Period and no rights will be lost.
- EU trade mark registrations
If you hold an EU trade mark, which has been registered before the end of the Transition Period, it will automatically be granted an equivalent UK registration having the same filing and priority dates as the original EU registration. That is, you will hold both an EU and UK registration for your trade mark. This will occur, irrespective of whether you hold a national EU registration or an International Registration designating the EU.
- What if my EU trade mark application is still pending?
If you hold an EU trade mark application, which is still pending at the end of the Transition Period, you will be given a period of nine (9) months to file a corresponding UK application for the same trade mark. The new, equivalent UK application will also be given the same filing and priority dates as the original EU application.
Rest assured, if your EU application is pending, we will contact you before this time to make arrangements for a corresponding UK application to be filed if required.
After the Transition Period
When the Transition Period ends, EU trade mark registrations will no longer have effect in the UK. New trade mark applications will need to be filed separately in the UK and EU if protection is needed in both territories.
What if I want to protect my trade mark in the UK and EU now?
EU trade mark applications filed during the Transition Period will be treated in the same way as applications filed before 31 January 2020. However, as these applications may not proceed to registration before the Transition Period ends, you may wish to file separate applications in the UK and EU now if both territories are of interest.
If you wish to protect your trade mark in the UK and EU now, or if you would like to review your current trade mark protection, please contact a member of our Trade Marks team.