EU TRADEMARKS AFTER BREXIT

 In BREXIT, EUIPO, EUTM, Intellectual Property, News, Trademark, Trademark law

EU Trademarks after Brexit have been a hot topic for a while now, and you may still be scrambling to find useful info on what happens when EU law stops applying in the UK at the beginning of 2021.

If you are considering applying for an EU trademark and want to have UK protection included, it is best to act fast – with each passing day, it becomes less likely that a new EU trademark application is registered on time before the deadline. Otmore is already prepared for the changes, and we can act swiftly with your new applications.

Here are the key parts on how the end of the Brexit transition period will impact you.

EU TRADEMARK REGISTERED BEFORE 2021

If you have a registered EU trademark by December 31 st 2020, you will Retain your UK protection with one extra step. A separate UK trademark will be created with no additional action needed, and the EU trademark will not cover UK anymore.

  • These new UK trademarks will have the same filing, priority and renewal dates as the original EU trademark.
  • No re-examination will be done on the UK side.
  • No additional official fees upon registration.
  • Earlier reputation acquired through intensive use of the original EU trademark will apply for the new UK trademark.

EU TRADEMARK PENDING AFTER 2020

If you have an EU trademark application that is still pending on December 31st 2020, the application will not cover UK. You will however be allowed to file for a new UK trademark, which has limitations and perks different from an unrelated UK application:

  • Same or narrower scope as in the original EU trademark application
  • The UK trademark application will have the same filing and priority dates as the original EU trademark application
  • Re-examination will be done in the UK
  • Same fees as a normal UK application
  • A nine-month period to apply this way, starting on December 31 st 2020

 COMMUNITY DESIGNS AFTER BREXIT

Same perks and limitations as with EU trademarks apply. See above whether you will have to file a new design application to retain protection in the UK.

UK TRADEMARKS AFTER BREXIT

National trademark applications in the UK are unaffected by Brexit, as they were applied for nationally, not through EUIPO. Your UK trademark however can no longer be used as a basis for opposition of an EU trademark.

SUMMARY OF YOUR TRADEMARK RIGHTS IN 2021

If you have a registered EU trademark before the end of the year, you will be protected in the UK via a new, automatic UK trademark. If your EU application is still pending, you will have to apply in the UK separately, but will have benefits over an unrelated new UK application. We at Otmore have already prepared for the upcoming changes. Business continues as usual, and we are ready to assist you with your trademark needs and questions.

Do you want more information? We at Otmore are always up to date with current events in the industry,  contact us  today and we’m happy to help!

 

Article written by Matti Aulaskari

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