The implications of Brexit for trademark and design laws

The United Kingdom will effectively leave the European Union as of 1 January. It is not yet certain whether this will be accompanied by a 'deal' between the UK and the EU, but in any case, European legislation regarding British relations will change drastically from the beginning of 2021. What does this mean for existing trademark and design legislation?

Knijff Trademark Advisors has published an article on its website posted with the latest status regarding Brexit. A few points of attention regarding trademark and design legislation stand out, which you as a company must take into account if you do business in England. For example, from 1 January 2021, European trademark registrations and designs will no longer provide protection in the UK. This also applies to International trademark and design designations for the EU. Pending applications can be converted into a national application for the UK up to and including 30 September 2021.

Businesses holding European Trademarks, European Designs and International Registrations with designations of the European Union can file a separate renewal request with the UKIPO. The UKIPO is the Trademark Office of the United Kingdom. This only applies to cases where the renewal date falls after 31 December 2020.

Also, a registered trademark must be used before 1 January 2021 to maintain the rights to it. This also applies to a European registration. In addition, European Collective and Certification Marks will expire.

Are you applying for a European registration of your trademark soon? Then sign a mutation for this in time, otherwise this will have to be done in both the UK and the EU in 2021.
Read more? Visit the website from Knijff.