What is the impact of Brexit on my European Union trademark registration?

The Brexit withdrawal agreement took effect on 1^Er February 2020, and the United Kingdom is now considered a third country to the European Union.

As a result, the United Kingdom is leaving the European Union trademark system. Starting from 1^Er January 2021, the European Union trademark regime will no longer cover the territory of the United Kingdom.

However, the transition period remains in force until 31 December 2020. Transitional measures have therefore been agreed, and have an impact on trademark applications from the European Union to the EUIPO.

The Intellectual Property Office details the consequences of Brexit on European Union trademarks.

Effect of Brexit on European Union trademarks registered by EUIPO before December 31, 2020

The 1^Er In January 2021, the Intellectual Property Office (“IPO”) will create a United Kingdom trademark identical to any registered European Union trademark, with its own number.

This trademark will be considered a United Kingdom trademark, equivalent to a trademark registered with the IPO. The filing and priority dates will be maintained. The brand will be independent of the European Union brand, and may be contested, licensed and/or transferred as such.

This conversion will be done for free and automatically. No formalities will be required, and no documents will be provided.

It is possible to request the IPO not to benefit from the conversion.

Effect of Brexit on European Union trademarks being registered by EUIPO on December 31, 2020

European Union trademark applications that were being registered by EUIPO on 31 December 2020 will not automatically be transformed into a United Kingdom trademark application.

The applicant will have a period of 9 months from 1^Er January 2021 to apply for an equivalent UK trademark.

This trademark will then have the initial filing date of the European Union trademark, and will be able to benefit from its priority date.

This trademark must be identical to the European Union brand.

A fee of £170 will be due for one class, and £50 per additional class.

It is an option and not an obligation. If the applicant wishes, he may not exercise it. In this case, its European Union trademark will cease to cover the territory of the United Kingdom as of 1^Er January 2021.

A national filing must be made if the applicant wishes to file a different trademark or does not exercise his right within 9 months.

Common effects of Brexit on European Union brands

Converted trademark will have to be renewed at the IPO when they expire.

The converted trademark number will be identical to the European Union trademark number, with the prefix UK009.

Do not hesitate to contact us for any additional information, or if you need assistance in managing this transition period.