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 between the EU and the UK agreement that now exists provides a number of important subjects for the protection of EU trademarks and designs in the UK, after Brexit:
- After Brexit, all EU trademark (including EU designations in International registrations) and design registrations will automatically receive equivalent protection in the UK for the same goods and services.
- EU applications that are still pending after exit day 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 existing European trademark and design registrations will automatically be converted into national UK trademark or design rights after exit day. This is different regarding EU trademark and design applications. Of course it is also possible to file a national trademark or design application in the UK.
