Following the withdrawal of the United Kingdom from the European Union effective as of 1 February 2020, EU law, and in particular the provisions of the EU trade mark Regulation , will cease to be in force on the territory of the United Kingdom.
What will happen when EU law ceases to be in force on the territory of the United Kingdom?
One of the most significant consequences for businesses is the suspension of the effect of EU trade marks in the United Kingdom. The trade marks will retain their territorial coverage in the remaining 27 EU countries.
When to expect the changes?
The changes will become effective at the end of the transitional period for Brexit on 31 December 2020. As of 1 January 2021, new rules will enter into force aimed at maximising the interests of trade mark holders and ensuring the continuity of the granted protection.
What are the practical aspects?
After the end of the transitional period, the protection of registered EU trade marks will be guaranteed in the UK without additional payment and to the same extent, in the form of an additional national mark of a similar type (Article 54 of the United Kingdom Withdrawal Agreement). Holders of applications for registration of EU trade marks filed before the end of the transitional period will have the right to apply for the same trade mark in the UK in respect of goods or services identical to or contained in those, for which the application was filed within 9 months of the end of the transitional period. It is deemed that an application submitted in accordance with the aforementioned procedure has the same filing and priority date as the corresponding application submitted in the Union (Article 59 of the Agreement on the withdrawal of the United Kingdom).
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