On Friday 31 January 2020 the UK will leave the EU and enter a transition period until 31 December 2020.
It is important to note that the situation regarding Intellectual Property will remain unchanged until the end of this transition period, so no formalities should be carried out at this time.
This being said, we remind you that no trademark and/or design rights with protection in the EU will be lost as a result of Brexit.
Owners of EU trade marks (EUTM) and registered Community designs (RCD) that are granted and published before the end of the transition period will automatically be granted equivalent registrations in the UK (cloned registrations).
Holders of international registrations designating the EU under the Madrid (trade marks) or Hague (designs) systems will also be granted equivalent registrations in the UK.
Owners of EU trade mark applications or Community designs that are still pending or Community design registrations that have not been published by the end of the transition period will have nine months to file the corresponding applications in the UK for the same trade marks and designs if they so wish. New equivalent UK registrations and corresponding applications will be granted the same filing and priority dates as the original EU trade marks and Community designs.
New applications for EU trade marks and Community designs filed during the transition period will be treated in the same way as applications filed before the start of the transition period.
If you intend to file a new EU trade mark or Community design application this year and protection is sought in the UK, it is advisable to file the new application as soon as possible to allow time for the application to be granted (with regard to trade marks) and published (with regard to designs) before the end of the transition period.
After the end of the transition period, new applications for trademarks and registered designs should be filed separately in the UK and the EU if protection is to be obtained in both territories.
The UK Intellectual Property Office has issued new guidance on intellectual property rights during the transition period. They can be consulted at the following link: