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The UK is officially leaving the European Union(EU) after 47 years, but what does this mean foryour intellectual property rights in Europe, such as registeredtrade marks, pending application and designs? We set out a summarybelow outlining the main effects to be cognisant of goingforward.

A transition period has been put in place which allows the UK toremain part of the EU intellectual property system until 31December 2020 (Transition Period). This means thatthe laws governing intellectual property in the EU will continue toapply to the UK for the Transition Period. However, whilst the lawswill continue to be applicable, the UK will have no further say inany European policy or change in legislation.

In summary, whether you have applied directly via the EU, orthrough an international platform, (such as the Madrid protocol)you should be aware of the following implications post 31 December2020:

Until the end of the Transition Period, there will be no changesto EU trade mark applications, design applications, registrationsor proceedings. However, once the Transition Period expires, EUtrade marks will no longer have any effect in the UK.

From 1 January 2021, all registered EU trade marks will beautomatically granted the equivalent rights to those that currentlyexist within the UK, at no charge.

Should you be the registered owner of any existing EU trade markunder the Madrid Protocol (which includes the EU as a relevantdesignation), your marks will also be automatically granted theequivalent UK trade mark rights for the registered period.

It is important to note that any newly registered UK trade markswill require a separate renewal application with the IntellectualProperty office in the UK once expired. Therefore, renewal feeswill become payable in both the EU and the UK.

In order to avoid any negative outcomes, it is essential tocheck all newly registered corresponding UK trade marks to ensurethat the details have been accurately transferred across from theEUTM registration.

Until the end of the Transition Period on 31 December 2020, nochanges are required.

From 1 January 2021, any pending EU trade marks will not beautomatically granted equivalent rights in the UK as per registeredtrade marks. Should you have any pending applications, you willhave the option to register an equivalent UK trade mark within ninemonths from 31 December 2020. If you proceed with this approach,you will have the opportunity to claim priority from the earlierfiling date in Europe.

To avoid potentially missing the nine month cut-off date (being30 September 2021), you may wish to consider filing separatecorresponding UK trade marks now, at the same time as filing any EUtrade marks. This will avoid any risk where your EU trade mark isnot registered before the end of the Transition Period.

Throughout the Transition Period, no changes are required.

Upon expiration of the Transition Period, any .eu domain namesthat are registered in the name of an entity that is not an EUentity (including a UK entity) will be automatically withdrawn.

We recommend changing the registrant details to an EU entitybefore the end of the Transition Period, if practical.

In order to successfully maintain the protection of yourintellectual property, whether it be pending or registered trademarks, designs, or .eu domain names, the following steps arerecommended:

This publication does not deal with every important topic orchange in law and is not intended to be relied upon as a substitutefor legal or other advice that may be relevant to the reader'sspecific circumstances. If you have found this publication ofinterest and would like to know more or wish to obtain legal advicerelevant to your circumstances please contact one of the namedindividuals listed.

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Post-Brexit and what it means for your intellectual property rights - Intellectual Property - UK - Mondaq News Alerts