EU Trademarks and EU Designs are IP Rights that are valid for the entire EU. This is very interesting for companies because they receive uniform protection for 28 countries at relatively low cost. The UK’s exit will reduce the size of the EU and thus the scope of EU IP Rights. Anyone who wants to have their Trademarks or Designs protected in the UK in the future will have to apply for national IP Rights there.
The United Kingdom will leave the European Union on January 31, 2020. The Withdrawal Agreement provides for a transition period during which the UK will remain part of the European Single Market and abide by all EU rules and laws. Unless the transition period is extended at a later date, it will end on December 31, 2020.
Until the end of this transition period, nothing will change with regard to the protection of Intellectual Property in the UK. Only then will changes be made.
After the transition period, however, there will be neither EU Trademarks (Community Trademarks) nor EU Designs (Community Designs) for the UK. However, to ensure that property right owners are not deprived of their rights from one day to the next, there are “parachutes” for a soft landing.
Transitional arrangements for EU Trademarks:
If an EU Trademarks is registered before the end of the transition period, it will enter into force for both the UK and the EU. The same applies to EU Trademarks that are renewed during the transition period.
After the end of the transition period, such EU Trademarks will automatically be converted into national British Trademarks. These are completely independent of the underlying EU Trademarks. In other words, a piece of the EU trademark will be separated and continued at national level. Such UK Trademarks must then be renewed at the UK Intellectual Property Office (UK-IPO) after the respective term of protection has expired.
However, if an EU Trademarks application is not yet registered at the end of the transition period, it will not automatically be converted into a national UK trademark. If such an EU trademark application is also to have effect in the UK, a corresponding application must be submitted to the UK trademark office within nine months of the end of the transition period. After conversion, such national British Trademarks are also completely independent of the EU trademark from which they originated. Of course, these national Trademarks must also be renewed later at the UK IPO. There is therefore no “central” renewal for the EU trademark and the resulting UK Trademarks.
The existing system for national and international registrations of Trademarks with effect in the UK will not change.
Transitional arrangements for EU Designs:
The same applies to EU Designs and the future protection of Designs in the UK as for EU Trademarks. After the transition period, only national and international Design Protection will be possible for the UK.
In general, nothing will change for Patents. As there has been no EU patent to date, BREXIT will have no impact on patents for the UK. It will still be possible to apply for international applications and European Patents with effect for the UK.