< Back to latest news & events

Brexit

Brexit Delay Agreed – Update on EU and UK Trade Mark Protection

April 2019

The EU has agreed to grant the UK a further extension of time (until 31 October 2019) to finalise the terms of how the UK leaves the EU. This removes the “cliff edge” of the UK potentially leaving the EU without a deal on 12 April 2019.

The extension will allow the UK Parliament more time to ratify a withdrawal agreement. During this extended period, the UK will continue to fully participate in the EU IPO system and to be covered by EU trade mark and design registration and protection.

Provided a withdrawal agreement is in place on 31 October 2019, there will then be a further transitional period until at least January 2021 – potentially longer – where nothing changes and the UK continues to be part of the EU trade mark and design registration systems.

After that transitional period:

  1. new UK trade mark and design registrations will be automatically created which mirror their EU counterpart registrations;
  2. for any pending EU trade mark and Community design 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 and design protection post Brexit is well established. That is, after this further extension and a lengthy transitional period, EU rights will be maintained and replicated in the UK when the UK eventually leaves the EU.

What’s next?

HGF’s message to clients continues to be one of “business as usual”, with the UK continuing to be part of the EU IPO for further considerable time.

HGF will ensure that your trade mark and design rights are maintained and protected throughout the EU and the UK by taking all necessary actions on your behalf when it is necessary to do so.

With offices in 6 European countries, HGF is ideally placed to handle all EU and UK trade mark, design and other intellectual property matters. We will continue to be your trusted advisers and representatives of both the EU IPO and the UK IPO.

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

Latest updates

When Retail Branding Meets Politics

(Inter IKEA Systems v Algemeen Vlaams Belang (Case C‑298/23) In November 2022, the Flemish political party Vlaams Belang presented its “IKEA-PLAN – Immigratie Kan Echt Anders” (“Immigration Really Can Be Different”). …

Read article

Office Closed Dates December 2025 / January 2026

HGF Office Closed Dates December 2025 / January 2026   UK Thursday 25 and Friday 26 December 2025 CLOSED Thursday 1 January 2026* CLOSED * Friday 2 January 2026 – …

Read article

Often Copied, Never Equaled: When Do Everyday Items Become Subject of Copyright?

The  borderline between ‘pure’ works of art and mere utilitarian objects” –  Can iconic, yet everyday products be protected under copyright? The above question was posed by Advocate General in …

Read article

T 0883/23: Dosage claims and their entitlement to priority when only the clinical trial protocol was disclosed in the priority application

In a recently issued decision by the EPO’s Board of Appeal (BoA), the BoA held that claims directed to a combination of active pharmaceutical ingredients (APIs) at particular doses were …

Read article

The end of the Brexit overhang for trade marks: review, refile and revoke.

On the 31st December 2025, five years will have passed since the end of the Brexit transitional period on 31st December 2020. Why is this relevant? For UK cloned trade …

Read article
Event - 14th January 2026

Seminar on The aftermath of G1/24 - has anything changed?

HGF is hosting a The aftermath of G1/24 – has anything changed? Which will be followed by networking, apero, and snacks. The Seminar will be held on Wednesday, 14th January …

Event details

Personal names as 'brands' in the world of fashion

Episode 1 Personal names as ‘brands’ in the world of fashion    

Read article

Colour in fashion and the difficulties of protecting it

Episode 2 Colour in fashion and the difficulties of protecting it  

Read article