Trademarks and designs covering EU and the effect of Brexit

On 31 December 2020, the transition period after Brexit ends for the UK. Until this date, the UK is still a member of the EU and thus covered by EU trademark and design applications, designations and registrations. But what happens when the UK leaves?

Registered EU trademarks and designs including designations

If you are the owner of an EU trademark or an EU design with the status “registered” on 1 January 2021, then a corresponding UK right will automatically be created. No official fees have to be paid and no actions have to be taken. The corresponding UK right will have the same dates etc. as the original EU right, however, a new application number will be assigned. The EU right will not cover the UK after the creation of the UK right.

Applications for EU trademarks and designs including designations

If you are the owner of an EU trademark or an EU design without the status “registered” on 1 January 2021, then you will have 9 months to decide whether you wish to have a corresponding UK application keeping the application date from the EU application. If so, application fees must be paid and the UK authorities will examine the application as if this is a national UK application.

Renewal of registered EU rights including designations

If the renewal date for the EU right is before 1 January 2021, and the EU right is renewed, then the renewal also covers the corresponding UK right.

If the renewal date for the EU right is after 1 January 2021, then the EU right and the UK right will have to be renewed separately.

Plougmann Vingtoft provides tailored consulting to all trademark and design clients. If you have any questions regarding your IP and the consequences of Brexit do not hesitate to contact us.

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