Transitional period
The term of the UK to decide on the details regarding Brexit has been postponed until 31 January 2020. During this period the United Kingdom will remain part of the EU, so that European trademark registrations will be valid in the UK. Keep in mind, the UK still holds the opportunity to decide on Brexit details at an earlier stage.
After Brexit
The draft EU-UK agreement provides a number of important subjects for the protection of EU trademarks and designs in the UK, after Brexit:
- After Brexit, all EU trademarks (including EU designations in International registrations) and designs will automatically receive equivalent protection in the UK for the same goods and services.
- EU applications that are still pending after Brexit will not be automatically be converted; the pending EU application will have to be actively converted into a British application; within nine months after Brexit. This also applies to international registrations in which the EU is designated.
Conclusion
The current European trademark and design registrations will automatically be converted into national UK trademark or design rights after Brexit. This is different regarding EU trademark applications. Of course it is also possible to file a national trademark or design application in the UK.
Experts
