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Impacts of BREXIT on European Union Trademarks and Designs

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As you may remember, exitance process of United Kingdom from European Union (BREXIT) was completed as of 01.02.2020. However, it was not decided how BREXIT will effect European Union Trademarks (EUTM) and European Union Designs (RCD). According to last decision, road map for "transition period" for European Union Trademarks (EUTM) and European Union Designs (RCD) has been determined.

According to last decision, road map for "transition period" for European Union Trademarks (EUTM) and European Union Designs (RCD) has been determined.

According to decision;

Registered Trademarks and Designs

  • All EU Trademarks and Designs which are registered until of 31.12.2020 will be will be copied to the UK Official Trademark records. While copying, it is planned to add "9" in front of EU Trademark and Design registration and "8" to WIPO and Hague registrations.
  • Trademarks and Designs copied by the UK Trademark Office will be deemed to be registered in United Kingdom as of 01.01.2021 and transactions such as renewal, change of name/address etc. will be processed by UK Trademark Office.
  • Attorneys of the said Trademark and Design registrations can remain the same until 01.01.2024. However, after this date, a representative of British origin must be assigned to the relevant files.

Pending Trademarks and Designs

  • Trademarks and Designs that have been filed within the scope of EU but not registered as of 01.01.2021 will not be deemed to be registered in United Kingdom.
  • However, for pending EU applications, applicants will have right to re-file their trademarks and designs in United Kingdom between 01.01.2021 - 30.09.2021 with priority.
  • The application fees will be the same as the national UK application and trademarks will be re-examined and published by UK Trademark Office. In this process, the stage of the EU trademarks will not be taken into account.

EU registrations in the Renewal Process

  • Trademark and Design registrations, those renewal deadline is before 01.01.2021, will be registered as renewed even if they renewed in time or lately renewed after this date. And no further action will be required before the UK Trademark Office.
  • Trademark and Design registrations those renewal deadline is after 01.01.2021, must be renewed before UK Trademark Office even if they were renewed before EUIPO.

Please contact us for detailed information.