« 01.01.2021 : Deadline fast approaching » :

 

Brexit Impact on your EU Trademarks and Designs !

 

The UK departed the European Union (EU) on 31 January 2020.

 

As of January 1, 2021, this withdrawal will impact your European Trademarks (EUTMs), your International Trademarks designating the EU or your European Designs (RCDs), which will no longer be protected in the UK. However, this impact will not be the same depending on whether your Trademarks and/or Designs are registered or pending on the aforementioned date.

 

• If your EUTMs/EUDs are registered before January 1, 2021:

 

You will not need to take any action at the end of the year as your titles will be automatically "cloned" by the UK Trademark and Design Office, these cloned rights keeping the same dates and scope of protection as your EUTMs / RCDs. These clones will be given a new registration number. Brevalex will be able to monitor these operations and send you all the details concerning these new UK titles. In this respect, an advantageous package will be offered to you at the beginning of 2021.

 

• If your EUTMs/EUDs are NOT registered before January 1, 2021:

 

No automatic cloning in this case; thus, you will need to re-file your trademarks and designs in the UK, and pay the corresponding official fees, in order to be protected there. If you do so before September 30, 2021, these new applications will benefit from the same dates and scope of protection as your previous EUTMs / RCDs applications!

 

Please note that these new national applications will be examined by the UK Office in the same way as local applications, and as to trademarks, will be published for opposition.

 

Should you be affected by these procedural steps, we will provide you - in the first quarter of 2021 - with a list of the rights involved and related fees entailed by such possible new filings in the UK.

 

In the meantime, the “Trademarks & Designs” team is at your entire disposal for any further information on the above.

 

Contact : marques.trademarks@brevalex.com