BREXIT – Effects to EU trademarks and designs

Registered EU trademarks and design rights

After the transitional period of Brexit, EU trademarks and designs will no longer enjoy protection in the UK. However, UK trademark office will automatically create comparable UK registration for every registered EU trademark and design right after the transitional period has ended on January 1, 2021.

New comparable national UK registrations will also be created for international registrations designating the EU. These new UK registrations will be independent from the international registration and governed by UK law, so they can no longer be renewed or managed through the international registration system.

Holder of a registered EU right will have a right to request opt-out and such request should be submitted to UK Intellectual Property Office (UK IPO) after January 1, 2021. If opt-out will be requested, the comparable right will be treated as if it had never been applied for or registered under UK law.

Pending EU trademarks and design rights

New comparable national UK applications will not be automatically created for pending EU trademark and design applications. Holder can apply to register the same right with priority from the EU application until September 30, 2021. Such UK applications are subject to normal application fees and will be examined under UK law.