At the moment of Brexit, a transition phase will take effect which will last until 31 December 2020. During this period, all EU rules and laws will continue to apply to the United Kingdom (UK).
EUROPEAN TRADEMARK REGISTRATIONS
Currently, European trademark registrations provide coverage in all 28 EU countries. Until 31 December 2020, these European rights will remain in full force in the UK. After this date the UK will have left the EU and these European rights will no longer be enforceable in the UK. However, you will not be left empty-handed.
AUTOMATIC NEW NATIONAL REGISTRATION
Holders of European trademark registrations will receive a national trademark right in the UK as of 1 January 2021, which is equivalent to the European right. This right will arise automatically. From that moment onward, the European trademark registration will only be valid in 27 countries.
EUROPEAN DESIGN REGISTRATIONS
What goes for European trademark registrations also goes for European design registrations. Your design right will remain valid in the EU until 31 December 2020, after which you will automatically receive an equivalent national design right in the UK.
EU applications of trademarks and designs that are still in the procedure and have not been registered by 31 December will not receive the national right in the UK automatically. However, trademark and design right holders can apply for a separate registration in the UK until 30 September 2021, while retaining the date of the original EU application.
Chiever will closely monitor all developments and will keep you informed. For questions or consultation, please feel free to contact us.