As Brexit is approaching, more and more companies are starting to think about the impact on their IP registrations. The original date for Brexit is 29 March 2019 which is getting very close, but it is now likely that Brexit will be postponed for some weeks or months. What the exact consequences are for European trademark or design registrations is still not certain, as we still don’t know what the deal (if any) between the UK and the EU will contain.
IP rights holders should however prepare for Brexit and adjust registration strategies or – for UK trademark or design owners – find a representative within the European Union. We currently expect the following consequences for both EU trademark and design registrations.
The scope of protection of EU trademarks shall be affected and will from the date of Brexit not be protected in the UK anymore, unless the UK provides a solution in UK law. A possible solution is that EU trademarks shall be transformed into a EU trademark and a national UK trademark. The same applies for International trademarks designating the EU as designated country.
EU trademark applications which have not yet been registered on the date of Brexit will likely not be transformed into a national UK trademark application. We therefore advise to file all new trademarks both in the EU and in the UK, to make sure that the trademark shall also be protected in the UK, regardless of the contents of the possible deal between the EU and UK.
All UK trademark and design owners should designate a representative within the European Union. This applies for both UK owners without any representative or UK owners with a UK representative.
We are continuing to follow all updates regarding Brexit and keep you updated.
Please do not hesitate to contact us should you have any questions.