Brexit Update: brand and design protection in the UK after Brexit
On 24 January 2020 EU President Charles Michel and President of the European Commission Ursula von der Leyen signed the Withdrawal Agreement in Brussels.
Later that day the Withdrawal Agreement was also signed by Prime Minister Boris Johnson in London.
On 29 January 2020 the European Parliament gave its approval to the Withdrawal Agreement by an overwhelming majority (621 to 49).
This will allow the United Kingdom to leave the EU on 31 January 2020 at midnight.
What does this mean for your (EU) trademark and design rights?
In practice, little will change for the time being because a transition period has been agreed to in the Withdrawal Agreement, which - as it now appears - will last until 31 December 2020.
Legal consequence?
During this transitional period, EU law will continue to apply to and in the UK.
This also applies to the EU trademark and Community Design Regulations (which cover EU wide trademarks and designs).
The continued application of these Regulations during the transition period includes, in particular, all substantive and procedural provisions as well as the rules relating to legal representation in proceedings before the EUIPO (EU intellectual property Office).
Practical effect
All procedures before EUIPO relating to:
- Grounds for refusal for the United Kingdom,
- Previous rights originating in the United Kingdom,
- Parties located in the United Kingdom.
Shall be continued as before.
In summary: for the moment nothing changes for your trademark and design portfolio
As soon as we know more about the practical implications of the legal consequences as of 1 January 2021 we will inform you again.
Further information or questions?
The Intellectual Property team of Kennedy Van der Laan not only litigates but can also be of service in the following areas:
- Trademark and design searches
- Trademark and design application
- Oppositions and invalidity proceedings
- Trademark monitoring services
For further questions in this respect or information please do not hesitate to contact:
