The UK left the EU on January 31, 2020 and we are now in the transition period, in which EU law will continue to operate as it was before in the UK. The transition period ends on December 31, 2020 and from January 1, 2021 the arrangements of the withdrawal agreement come into force. From this time EU law is no longer applicable in the UK. On January 1, 2021, all existing registered EU designs, EU trademarks and unregistered EU designs and international design and trade mark registrations designating the EU will no longer provide protection in the UK.
We put this basic information together, so that you have a rough idea of the post-Brexit regulations for trademarks and designs. This information is not complete and there are many more regulations relating to pending proceedings, use of the mark, licences, opt-out, renewal, priority and seniority claims etc. Please contact us and we can help you with your specific questions.
The UK will create a comparable UK trademark/design for every EU trade mark /design, which will be recorded in the UK register. The UK trademark/design will have the same legal status as the corresponding EU trademark/design. There is no request or fee necessary. However any renewal of the UK mark/design should be requested and paid at the responsible UK office. In addition you will have to renew the EU trade mark/design separately at the EUIPO as before.
The application of an EU mark or EU design before January 1, 2021 has no effect in the UK. You have to request until October 1, 2021 to register a comparable UK mark/design. If the UK application is identical to the EU application you get the filing date and priority of the EU application. In addition the usual UK fees apply.
If you do not have a place of business in the UK you need a representative for the UK trade mark/design. WERKPATENT has a network with British colleagues and can assist you in finding a competent partner for your UK trademarks /designs.
A representative who is allowed to represent EU trade marks/designs must have the nationality of an EU or EEA (European Economic Area) country and they must have their place of business in the EU or EEA country. From January 1, 2021 the UK is no longer part of the EU or EEA. WERKPATENT has its place of business within the EU and all of our attorneys have a nationality of an EU country. WERKPATENT is therefore able to represent EU trade marks and designs in the future. If we do not represent your EU trademark/ design you should check if the EU trademark/design is validly represented post-Brexit.