Brexit impact on EU trademarks and designs

In case the UK leaves the EU on 29 March 2019 without a withdrawal agreement, it will have some impacts on EU trademarks and EU designs. We have summarized the main impacts below.

1. EU trademarks and designs that are already registered on the day of the exit will automatically be granted an equivalent right in the UK without any loss of priority, filing or seniority dates. These same provisions will apply to international registrations designating the EU through the Madrid System.

2. Pending EU trademark and design applications will lose their territorial effect in the UK. However, applicants with pending applications at the date of the exit will, for a period of 9 months, be able to file corresponding national applications that will obtain equivalent protection to the EU right. The UK Patent Office will recognize the filing dates and claims to earlier priority and UK seniority recorded for the corresponding EU application.

However, if a deal is done with the EU, trademark Exit Regulations will come into force on the “exit day”, which will be at the end of a transition period (currently 31 December 2020).

We will closely monitor the situation, and are pleased to assist you in all issues related to trademarks and designs in the UK. In case you need any further information, please contact Heidi Mikkola or send us email to: trademarks@papula-nevinpat.com.