BREXIT: What's going to happen to my EU trademark?

Introduction to BREXIT and its impact on EU Trademarks

As you are likely aware, the United Kingdom officially left the European Union January 31, 2020—a move that has come to be called BREXIT. As the UK and EU prepare to split intellectual property offices, there are a number of changes that may affect your EU trademark's establishment in the UK, depending on the status of your EU trademark (or other rights filing) at the end of 2020.

Registered EU Trademark

Rights filings already in existence with the EUIPO by January 1, 2021 will be cloned at the UK Intellectual Property Office at no cost to the owner.

Pending EU Trademark

Filings that are still pending after December 31, 2020 will not be cloned automatically, but it will be possible to “refile” for an equivalent pending mark in the UK with national fees until September 30, 2021. Ask your attorney about refiling your pending EU mark in the UK before the September deadline.

Recently Expired EU Trademark

Filings expired within 6 months prior to January 1, 2021 will be cloned at the UKIPO at no cost to the owner, and will hold their expired status.

Future EU Trademarks

Filings with the EU on or after January 1, 2021 will not be cloned. Applicants will need to file separately for registration in the UK.

Consultation

Schedule a free 15-minute consultation with an experienced intellectual property attorney.

Conclusion

In conclusion, BREXIT has led to changes in the establishment of EU trademarks in the UK. Existing rights filings will be cloned at the UK Intellectual Property Office, while pending filings can be refiled until September 30, 2021. Recently expired filings will also be cloned but will maintain their expired status. Future filings will require separate registration in the UK. For more information, schedule a free consultation with an intellectual property attorney.