Intellectual Property News

Brexit and the End of the Transition Period

The transition period ended on 31st December 2020 and EU trade marks and Registered Community designs no longer include the United Kingdom.

It has been agreed under the terms of the Withdrawal Agreement that Comparable UK trade mark and design rights will be created at the end of the transition period.

On 1 January 2021, the UK Intellectual Property Office will create a comparable UK trade mark for every registered EU trade mark (EUTM). Each of these UK rights will:

be recorded on the UK trade mark register

have the same legal status as if you had applied for and registered it under UK law

keep the original EUTM filing date

keep the original priority or UK seniority dates

be a fully independent UK trade mark that can be challenged, assigned, licensed or      renewed separately from the original EUTM

On 1 January 2021, the IPO will create a re-registered design for every Registered Community design (RCD). Each of these rights will:

be recorded on the UK designs register

have the same legal status as if you had applied for and registered it under UK law

keep the original RCD filing date

keep the original priority date

be a fully independent UK design that can be challenged, assigned, licensed or      renewed separately from the original RCD

There will be no official fees charged by the UK IPO for the re-registration of EUTMs or RCDs.

Applicants for EUTMs or RCDs who have applications which are not registered at the end of the transition period will have nine months (to 31st August 2021) to apply in the UK for the same protection. UK application fees will be payable and the application will be subject to UK examination and publication.

Updates on how Brexit affects trade marks, designs and other rights will appear on the News pages.