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).
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
We received a large volume of questions during our recent Brexit webinar, we have published our answers to the key questions.
The EUIPO plans to interpret EU trade mark regulations (EUTMR) so that employee representatives ‘must be in the EEA’ to represent before the EUIPO.
The UK IPO has published an ‘informal consultation’ on changes to its address for service rules.
The statutory instrument (SI) to implement the terms of the UK-EU Withdrawal Agreement for intellectual property into UK law has been laid.
Government minister Nadhim Zahawi MP has responded to concerns of UK Chartered Trade Mark Attorneys in Parliament, promising a “call for views”.
Our latest Brexit update on address for service.