BREXIT – EU Trade Marks and Designs

As you may be aware, the Brexit transition term will end on 31 December 2020.

As from 1 January 2021, all existing EU trade mark and design registrations will be cloned automatically onto the UK Trade Marks and Designs Registers creating new national registrations. These registrations will retain the EU registration date and the renewal deadline will remain the same. This process will not incur any costs and proprietors will, in essence, obtain two registrations, each of which will need to be maintained separately.

Any EU trade mark and registered design applications that are still pending on 1 January 2021, will not be cloned onto the UK Trade Marks and Designs Registers automatically. Instead, and until 30 September 2021, applicants will have the option to file a separate UK application and retain the earlier EU application date. This process will however, incur costs.

If, for any reason you wish to opt out of the cloning process, this will only be possible after 1 January 2021.

We caution clients that they may receive unsolicited or “phishing” correspondence during this time. If you are approached by any third party or requested to make payment for services in relation to this process, please feel free to contact us to clarify if the correspondence is legitimate.

Should you have any further queries regarding the implications of Brexit on your trade mark or design rights, please feel free to contact us at info@spoor.com.

Date published: 24 December 2020
Author: Spoor & Fisher

Tags: brexit eu trade marks designs