UK will be part of EU IP system during transition
The UK will continue to be part of the EU trade mark and design system until 31st December 2020, following ratification of the UK’s EU Withdrawal Agreement.
UK legal representatives continue to have the right to represent clients before the EU Intellectual Property Office (EUIPO) and all EU Trade Marks and Registered Community Designs continue to apply in the UK.
This will be the case during the transition period the UK will enter after leaving the EU. The transition period finishes on 31st December 2020.
The Withdrawal Agreement between the EU and UK ensures that UK legal representatives can continue to represent their clients before the EUIPO in proceedings that are ongoing at the end of the transition period.
EU trade marks and designs
All EU Trade Marks and Registered Community Designs continue to apply in the UK and will do so until the end of the transition period on 31st December 2020.
The UK IPO will then convert all 1.4 million EU Trade Marks and 700,000 Registered Community Designs on the register at the end of the transition period into equivalent UK rights.
The transition period begins when the UK formally leaves the EU on 31st January 2020, during this time EU law will continue to apply in the UK, including on intellectual property (IP).
EUIPO
The EUIPO has removed previous guidance on Brexit, and will be issuing new guidance in its place. This includes 'Communication 2/19' from EUIPO Executive Director Christian Archambeau, which is now obsolete.
Read more on Brexit and IP
Exhaustion is main post-Brexit “question mark”
Intellectual Property Magazine’s Brexit podcast panel, including Richard Goddard, returned to discuss future issues for IP following Brexit.
EU trade marks recreated in the UK
More than two million trade marks and designs registered at the EU Intellectual Property Office (EUIPO) have been recreated in the UK ensuring continuation of protection.
Post-transition UK IPO practice
Details of the impact new legislation has on practice before the UK IPO has been published. The legal changes come into force on 1st January 2021.
IPReg clarifies use of European titles
The Intellectual Property Regulation Board (IPReg) has confirmed that titles including the term ‘European’ can be used by UK attorneys post-Brexit, but the announcement came with an important caveat.
Latest UK IPO and EUIPO information
Read new information from the UK IPO and EUIPO, including when EU rights will appear on UK IPO databases, how late comparable rights renewals will be handled by the UK IPO and opt-outs.
Links to official UK IPO and EUIPO Brexit guidance
Find the links to the latest UK IPO and EUIPO guidance on post-Brexit trade marks and designs.