There has been a lot of buzz regarding the departure of the United Kingdoms (“UK”) from the European Union (“EU”). On January 29, 2020, the EU consented to the Withdrawal Agreement Act. Consequently, there will be a transition period of 12 months to 31 December 2020. Importantly, EU law will still apply to the UK during the transition period.
What are the effects of Brexit and the transition period?
We discussed some of the effects on EU trademarks in a previous blogpost. However, now that the EU consented to the Withdrawal Agreement Act, we should take a moment to determine what may happen to EU trademarks.
Our European affiliates who are Chartered Patent and Trade Mark Attorneys, has provided some of the possible effects on EU trademarks as described below:
Registered EU trade arks and trade designs will continue to be in force in the UK until 31 December 2020. After that date (beginning 1 January 2021), there will be a UK comparable registration created for every registered EU trademark and trade design, unless the proprietor of the EU trade mark or designs chooses to opt out. Pending EU trademarks and trade design applications can apply for registration for a comparable trademark or trade design, subject to payments required for the UK application fee. The applicant will be able to so during the 9 months following 1 January 2021. This comparable trade mark or trade design will be able to retain the earlier filing date of the pending EU trademark or trade design and also can claim any valid international priority.
However, it appears that no major changes to procedures will occur before either the UK IPO and/or EU IPO until after 31 December 2020.
What are your thoughts on Brexit and its effects on EU trademarks? Leave a comment below to let us know what you think!
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Disclaimer: This article is not legal advice. It is only for educational or entertainment purposes only. Please do not use the article or contents of the article without permission. For legal advice and questions, please contact registered Patent Attorney Vincent LoTempio.