BREXIT – The impact of Brexit for EU trademarks and designs

The end of the transitional period which followed BREXIT on February 1, 2020 will terminate on December 31, 2020 and it appears that the EU and UK may not reach a trade agreement for the time after December 31, 2020. Thus, we would like to inform you – very briefly – about the most important aspects which are relevant for the owner of a EUTM or a EU/Community Design (CD):

  • As of January 1, 2021, the EUTM and CD registrations will no longer cover the territory of the UK. Simultaneously, there will be new UK trademarks derived from existing EUTM registrations and UK Designs from CDs respectively. (“clones”). These new UK trademarks or UK Designs (“clones”) will come into force automatically without the owner’s request and without costs. They will enjoy the same application date/priority date, encompass the same goods/services.  For the first three years it will not be necessary to appoint a UK practitioner for these UK-trademarks/UK Designs. Should you not require these UK-trademarks/UK Designs, a surrender application can be filed so that they will be abandoned.
  • EUTM applications/ CD applications  which are pending and not yet registered by December 31, 2020 will not be registered with effect to the UK and will not result in a “UK clone”. Applicants seeking protection in the UK will have to file new national UK applications.
  • The EUTM registration/CD registration and the respective UK-clones will have to be renewed separately.
  • EUTM registrations which are – so far – only used in the UK, will have to be used in a EU member country in the future.

Please do not hesitate to contact us for further questions.

Alexandra Fottner