CITMA released a handy Q&A section on Brexit and how this will impact on EU trade marks and designs in the UK.
It is looking likely that the UK will leave the EU on 31 January 2020. However, if the current Withdrawal Agreement is finalised and agreed by the UK and European Parliament, the UK will enter in to a transitional period whereby it will still be bound by EU rules despite having left the EU. The transitional period is currently set to end on 31 December 2020.
Accordingly, EU trade marks and designs will continue to have full effect in the UK until this date. After this date, registered EU trade marks and designs will be automatically cloned on to the UK Register, ensuring that the rights are maintained. However, for EU trade mark and design applications, proprietors will need to re-file these in the UK if they wish to obtain protection in the UK also. The UK IPO has confirmed that proprietors will have nine months from the expiry of the transitional period to re-file in the UK and claim back the original filing, priority and seniority dates in the corresponding EU application. These newly filed applications will incur the usual costs set out in the UK IPO’s application fee structure.
We wait with bated breath to see whether the Withdrawal Agreement is passed (it passed through the House of Commons and moves on to the House of Lords next week) and ratified, removing the risk of ‘no-deal’. In the case of no-deal, the above would apply but on a much shorted time scale as exit day would be 31 January 2020 rather than the end of the transitional period.
Please see https://www.kemplittle.com/blog/brexit-no-deal-trademarks/ for further information.
If you have any Brexit related queries, please get in touch.
‘Brexit Day’ is 31st January 2020. However as per the Withdrawal Agreement, which is set to be approved this month, there will be a transition period until 31st December 2020 – during this time the UK will be treated like a member state.