BrexitDay, keep calm!
Following the approval of the Withdrawal Agreement (Act 2020) by the EU Parliament, the United Kingdom is no longer a member of the European Union as from 31 January.
Concerning Trademarks and Designs, the Withdrawal Agreement provides for an implementation period expiring on 31 December 2020 (Exit Day) during which EU law will continue to apply.
At the expiry of the implementation period:
- Registered EU Trade Marks and Designs (EUTMs) will be automatically converted into British National Trade Marks / Designs.
- Pending EU Trade Marks and Designs will not be automatically converted into British National National Trade Marks / Designs. However, it will be possible to apply to register comparable IP Rights with the UK Office, in the nine months after Exit Day, while retaining the earlier filing date.
- International trademarks that designate the EU will have the same arrangements as EUTMs.
- Registered and published Community Designs (RCDs), unregistered Community Designs (UCDs), and International Designs designating the EU will be immediately and automatically replaced by comparable UK rights.
With respect to Patents, as the European Patent Office is an international organization established by the European Patent Convention (EPC) and independent of the European Union, the withdrawal of the United Kingdom will have no impact. The European Patent Organisation currently has 38 member states, comprising 28 EU members (including the United Kingdom) and 10 other European countries.
We will be happy to provide you with any additional information in this regard.