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

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.