Brexit & Your Trade Marks

UK national trade mark rights will be unaffected by Brexit.  EU registered trade marks, which currently cover the UK, will remain in place and enforceable in the UK until new provisions are put in place to give them continuing, or corresponding, effect in the UK.

It is now widely expected that the UK Parliament will pass the necessary EU Withdrawal Act so the UK will formally leave the European Union on 31st January 2020.

This does not mean that the UK will be leaving the EUIPO system at that time. The UK will continue to be part of the EU trade mark system during a transitional period whilst a full trade deal between the UK and EU is negotiated. This transitional period will maintain this status quo until at least the end of December 2020, but depending on how long these complicated negotiations take, could last longer.

After that transitional period:

1. New UK trade mark registrations will be automatically created which mirror their EU counterpart registrations;

2. For any pending EU trade mark applications, owners will have 9 months to file a UK application which mirrors their EU application and will benefit from the same filing and priority dates.

Despite the UK’s political position still being unclear, the implications for EU trade mark protection post Brexit is well established. That is, after a transitional period, EU rights will be maintained and replicated in the UK when the UK eventually leaves the EU.


What's next?

HGF will keep you promptly updated on developments.

However, for the foreseeable future, it remains "business as usual" with the UK remaining part of the EUIPO and EU trade mark registration systems.

When the UK eventually does leave the EUIPO system, HGF will ensure all your trade mark rights are maintained and protected in the EU and the UK by taking all necessary actions on your behalf. 

With offices in 6 European countries, HGF is ideally placed to assist clients through Brexit process and continue to handle all EU and UK trade mark design and other intellectual property matters as we do now. We will continue to be your trusted advisors and representatives at both the EUIPO and the UKIPO.

UKIPO guidance on changes to trade mark law after Brexit.


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.

 

All latest updates