The implementation of Brexit is approaching, and a no-deal Brexit seems increasingly likely. Follow these instructions to ensure the validity of your Intellectual Property in the UK even after the end of the year 2020.
Valid EU registrations are automatically converted into national registrations
You do not need to do anything if your EU trademarks or Registered Community Designs have entered into force before the end of the transitional period on 31.12.2020. Your EU trademarks and Community Designs will automatically be converted into national trademarks and designs in the UK.
International trademark registrations designating the EU will also be converted into national trademarks in the UK. However, please verify that your trademarks or designs in the UK correspond to your EU registrations.
If your EU trademarks or Community Designs are due to expire after 31.12.2020, you will need to renew them separately in the UK.
If you have requested deferment of publication of your Community Design in the EU until after the end of the year 2020, your design registration will be considered pending and no automatic conversion will take place. Remember to file a corresponding national trademark or design application in the UK by 30 September 2021.
Pending registrations must be separately applied for in the UK
If you have a pending EU trademark or Community Design application that does not take effect before the end of the year 2020, you must file a national trademark or design application in the UK, corresponding to your EU application by 30 September 2021. The application will be treated as a trademark or design application in accordance with the local legislation.
When you act within the nine-month transition period, your application will be deemed to have been filed on the date of filing of your EU application.
In the future, only national applications can be filed in the UK
After 31 December 2020, trademark and design applications and their renewals will have to be filed nationally in the UK in accordance with British law.
Brexit has no effect on patents
As the patent system is not linked to the European Union in the same way as the EU trademark and the Community Design system, Brexit is not expected to have any impact on patents.
European patents that entered into force before Brexit will continue to be valid in the UK. After Brexit, the UK continues to be part of the European patent system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
