ARTICLE
10 March 2020

Brexit

UT
United Trademark & Patent Services

Contributor

United Trademark and Patent Services was founded in 1949 and has worked its way up to attain the position as one of the leading firms specializing in Intellectual Property Law in the Middle East, South Asia and Africa, where we maintain our own offices. The Firm specializes in Intellectual Property filings, prosecution and litigation, licensing, distributorship agreements, franchising, transfer of technology, anti-counterfeiting and litigation. We take pride in having more than 200 of the Fortune 500 companies on our firm’s portfolio.
On the 31st of January, 2020 the United Kingdom officially left the European Union.
UK Intellectual Property
To print this article, all you need is to be registered or login on Mondaq.com.

On the 31st of January, 2020 the United Kingdom officially left the European Union. Starting from, February 1st, 2020, the negotiation dealings with the EU began.The conservative government's plan arranges withdrawal from the EU by January 31, 2020, followed by a transition period until December 31, 2020, during which the future legal tie with the EU is established to be negotiated in detail. 

Articles 54 et seq of the withdrawal agreement also introduce a transition period for European Union IP rights (including trademarks).

Consequently, on condition that the withdrawal agreement is confirmed, it is to be expected that, in accordance with the September 24, 2018 and January 17, 2019 publications of the UK International Property Office (UK IPO), the intended changes will take place at the end of the anticipated transition period, thus by December 31, 2020.

Correspondingly, at the end of the transition period, a comparable UK trademark will be built for every registered EU trademark, which will

  • be recorded on the UK trade mark register,
  • have the same legal status as a trademark under UK law,
  • keep the original filing date,
  • keep the original priority or UK seniority dates,
  • and may be objected, assigned, licensed or renewed separately from the original European Union trademark.

While there will be no requirement to pay for the conversion itself, no separate registration certificate will be allotted either.

For EU trademark applications pending on the last day of the transition period, it will be available to demand to register comparable UK trademarks within 9 months, which will also absorb their priority and seniority claims.

Brexit will also have incidental effects on International Registrations (IR trademarks) designating the EU, which were registered prior to the last day of the transition period.

They will be duplicated, at no cost, into comparable UK trademarks keeping the same application/priority and registration dates as the IR trademark. It should be noted that the newly designed trademarks will, then, be a national UK registration and not a UK designation of the IR trademark, meaning that they must be renewed separately from the original International Registration.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More