Brexit: the withdrawal agreement regarding trademarks and designs

From 1 February 2020 the transition period begins.

Following the confirmation of the United Kingdom's exit from the European Union, a transition period began on 1 February 2020 that will last until 31 December 2020 (extendable for a period of one or two years), to allow everyone to adapt. to the new situation.

Therefore, until the end of the transition period there will be no actual changes and European Union law will continue to be applied in the United Kingdom as well.

In the withdrawal agreement and in particular in Title IV of the third part on the Provisions relating to separation, information relating to intellectual property is contained (Articles 54-61).

According to these indications, the protection on the territory of the United Kingdom conferred by trademarks and registered community designs and models will remain valid. There will be an automatic conversion of these Union rights into national titles, at no cost to the holders and without carrying out further examinations.

As regards CTMs and CTMs still in application before the end of the transition period and to which a filing date has been assigned, the holders will be given the opportunity to file in the United Kingdom, within 9 months of the end of the filing period. transition, an application for the same trademark or for the same design or model, keeping the filing date and the priority of the original Community application.

Contact our firm to get all the information to better protect your securities following Brexit.