Brexit and Trade Mark Protection in the UK

October 2019

With less than 10 days until the current deadline for the UK to leave the EU expires on 31st October 2019, we are still no clearer, from a political point of view, as to what will happen. 

At this moment in time there are 3 possible scenarios:-

1 - A further extension is agreed. The UK government has already put in a formal request for the deadline to be extended by three months until 31st January 2020. It is up to the EU to decide now whether or not to agree. If an extension is agreed, nothing changes at all on 31st October with the UK remaining part of the EU and part of the EU IPO system.

2 - The UK leaves the EU with a deal. If this happens, we enter into a long transition period when the UK has formally left the EU, but the UK remains part of the EU IPO system. The transition period would run until at least 1st January 2021 and could be extended to a lot longer. The UK will be covered by an EU Trade Mark and UK Attorneys will still be able to represent at the EU IPO. Therefore no immediate change occurs.

3 - The UK leaves the EU on 31st October 2019 without a deal. Despite having formally requested an extension, it is still possible the UK could leave the EU without a deal on 31st October. If this happens the UK would leave the EU IPO system on that date. UK registrations would automatically be created that mirror EU registrations and a nine-month opt-in period would begin for applicants of pending EU applications to convert them into pending EU applications. Your usual HGF Trade Mark Attorney will contact you if this happens.

What's next?

HGF’s message to clients continues to be one of “business as usual". HGF are ideally placed to provide pan-European protection and will continue to represent clients at both the EU IPO and UK IPO with offices across the UK, The Netherlands, Germany, Ireland, Austria and Switzerland.

If you have any queries at all, please contact your usual HGF Trade Mark Attorney, or David Potter, Head of the HGF Trade Mark Team.