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IP-Consequences of Brexit (Trademarks and Designs)

On 31 December 2020, the transition period ends. Therefore, attention should be paid to the following:

  1. Brexit affects European Union trademarks, Community designs (EUIPO) as well as international trademarks (International Bureau, Madrid System) and industrial designs (IB, Hague system) designating the European Union.
  2. For trademarks and designs registered before the end of the transition period, UKIPO automatically and free of charge generated equivalent national UK IP rights, i.e. the owner, the list of goods and services, the application and registration dates, claimed priorities and British seniorities as well as the renewal due dates are identical.
    Please note that such new UK trademarks and designs derived from international registrations with the WIPO will not become a UK-designation within these international registrations, but will be subject to national UK trademark law and managed by the UKIPO only.
  3. Six months prior to the renewal due date UKIPO will send a renewal reminder to the owner or its representative and you can decide whether you would like to maintain your IP right in the UK (of course against the payment of the relevant fees to UKIPO).
  4. Regarding pending EU trademark and design applications which will be registered or were registered after 31 December 2020, there exists a deadline ending on
    September 30, 2021

    within which you have the possibility to file equivalent national UK trademark and design applications against the payment of the application fees to the UKIPO.
    If you requested deferment of the publication of your Community design, the UKIPO will consider this design as pending (although EUIPO has registered it). Therefore, an application has to be sent to UKIPO within the aforementioned deadline.

November 2020