Brexit and European Union Trade Marks

Brexit Day (31 January 2020) is looming and assuming that the Withdrawal Agreement is approved this month then the UK will enter a transition period until 31 December 2020 – during the transition period the UK will be treated as if it is still a Member State.

But what does this mean for your European Union Trade Marks (EUTMs)?

During the transition period your EUTMs will continue to apply in the EU27 and the UK. At the end of the transition period (i.e. 31 December 2020) the UKIPO will create UK equivalents of existing registered EUTMs. However, EUTM applications that are still pending at 31 December 2020 will, if protection in the UK is desired, need to be filed in the UK thereafter.

Blake Morgan will continue to continue to advise clients in respect of their global portfolios, both during the transition period and after it. Whilst the question of whether, or not, we can continue to directly represent clients before the EUIPO after the transition period is yet to be determined we have a solution in place that will ensure consistency and continuity for our clients over the coming years.

Should you have any queries regarding your European Union Trade Marks, please do not hesitate to contact our Trade Mark Team.