Transitional period
The time has come, on 31 January 2020 the UK has left the European Union. The current transitional period will exist up to and including 31 December 2020 during which EU regulations will remain applicable to the UK and the UK will still be considered as a member state. During this transitional period the EU and the UK will negotiate on a final withdrawal agreement.
After Brexit
The draft EU-UK agreement provides a number of important subjects for the protection of EU trademarks in the UK, after Brexit:
- After Brexit, all EU trademarks will automatically receive equivalent protection in the UK for the same goods and services.
- The above also applies to international registrations in which the EU is designated.
- The relevant dates (filing date, renewal date) remain unchanged. If a seniority has been applied for incorporated in the EU trademark for a UK trademark registration, this earlier date will apply to the UK again.
Conclusion
The existing European trademark registrations will automatically be converted into national UK trademark rights after exit day. This will be different regarding EU trademark applications. Of course it is also possible to file a national trademark application in the UK.
