Brexit - are you prepared? Trade marks: 3 key points to remember

United KingdomScotland

The UK left the EU at the beginning of this year and the transition period during which the UK is treated as if it was still a member of the EU is coming to an end on 31 December 2020, 11pm (UK time). EU trade marks will cease to apply in the UK. As of 1 January 2021:

  1. Registered EU trade marks will automatically continue to enjoy protection in the UK via new and independent UK trade mark registrations called comparable UK trade marks. Protected EU designations of International Registrations will continue to enjoy protection in the UK as new national UK registrations (not new designations). These new comparable UK trade marks will be independent of the existing EU trade marks. The existing EU and new UK registrations will need to be renewed separately – at the EUIPO and at the UKIPO;
  2. Pending EU trade mark applications and pending EU designations of International Registrations will have to be re-filed in the UK within nine months (deadline is 30 September 2021) to benefit from the EU filing date;
  3. The address for service rules at the UK Intellectual Property Office (UKIPO) change: a UK address for service will be required – with certain exceptions applying to EU registered trade marks for a limited period of time. Please see here for our update about the new address for service rules.

These changes apply irrespective of the outcome of the free trade negotiations between the EU and the UK.

Please do get in touch with us if you have any questions relating to Brexit and trade marks.