Brexit & EU/UK trade marks

• Published date: 08 August 2020
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Madderns Patent & Trade Mark Attorneys
• Author: Ms Irena Fizulic

Having left the European Union, the UK is now in a transition period which is scheduled to end on 31 December 2020.

What does this mean for European Union trade marks registered prior to 31 December 2020?

After the transition period ends on 31 December 2020, European Union (EU) trade mark registrations will no longer extend to the UK; however, all existing EU registrations will be automatically cloned by the Intellectual Property Office of the United Kingdom into equivalent UK registrations. The cloned UK registration will retain the same filing and registration details as the original EU registration, as well as any priority and seniority claims. This will ensure that the trade mark registrations will continue to be protected in the UK.

What does this mean for European Union trade mark applications that remain pending after 31 December 2020?

EU trade mark applications that...