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Brexit & Intellectual Property, trademarks, designs and the end of the transition period

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Brexit & IP: Trade Marks, Designs, and the end of the Transition Period

On 31st January 2020, the UK formally left the EU and entered into a Brexit ‘transition period’. During this period, EU law has continued to apply in the UK. This period ends however on 31st December 2020 and, from 1st January 2021, EU law will no longer apply in the UK.

This will have important implications for holders of unitary EU intellectual property rights in particular European Union Trade marks (EUTMs) and Registered Community Designs (RCDs).

Read more: "Getting ahead of the Brexit Curve"<
 

Brexit top implications for IP owners

  1. Increased admin burden
    Following creation of new “cloned” UK TM and design rights.
  2. Higher risk of opposition to UKTMs
    1.5 million new UK rights will be created overnight!
  3. Pending EUTM and Designs no longer cover the UK
    From 31 December 2020 they will no longer cover the UK.
  4. Protection and enforcement in the EU27 and UK
    From 1 January 2021 you will need separate TM and design protection and enforcement action.
  5. Agreements that refer to the EU as a territory may no longer cover the UK
    From 1 January 2021 the territorial scope of IP agreements may change.
  6. Rights may be vulnerable to challenge for non-use
    EU and UK “cloned” rights could be challenged for non-use if only used in UK or EU27.

Where you have existing EUTMs and need UK representation, we can handle this free of charge for you.



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Key contacts

Michael Shaw

Michael Shaw Partner Chartered (UK) and European Trade Mark Attorney

Esther Gottschalk

Esther Gottschalk Partner Chartered (UK) and European Trade Mark Attorney

John Ferdinand

John Ferdinand Partner Chartered (UK) and European Trade Mark Attorney

Tom Farrand

Tom Farrand Head of Trade Marks Chartered (UK) and European Trade Mark Attorney

Heather Williams

Heather Williams Partner Chartered (UK) and European Trade Mark Attorney

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