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Brexit

Existing EU trademarks

Transitional period

The firm expectation is that the European Union will agree with the British Government on a transitional period, which will run from 30 March 2019 to 31 December 2020. During this period the United Kingdom will remain aligned with EU law, so that European trademark registrations will be valid in the UK.

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. It is still unclear whether there will be costs involved for this conversion;
  • 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 current European trademark registrations will automatically be converted into national UK trademark rights after Brexit. Until 31 December 2020, a trademark registration in the UK can therefore still be obtained by means of an EU trademark application. Of course it is also possible to file a national trademark application in the UK.