EU trademarks after Brexit

September - 2020
UK will leave EU after the transition period that ends on 31/12/2020.

EU registered trademarks
For EU trademarks that are registered on 31/12/2020, a UK corresponding trademark will be automatically created, with same application date, same priority date if any, same number with a « UK009 » in front of the EU trademark number.

EU pending applications
For those applications, it will be necessary to apply for the UK corresponding trademark before 01/10/2021, same trademark, same goods and services. This UK application will have same application date as the EU application, same priority claim if any.

Use
For a national trade mark, an uninterrupted period of 5 years’ non- use in the UK can render a mark vulnerable to challenge.

The new UK law will ensure that any use of the mark in the EU made before 1 January 2021, whether inside or outside the UK, will count as use of the comparable UK right.
Where the 5-year period includes time before 1 January 2021, use in the EU will be considered. Where the period includes any time after 1 January 2021, use of the comparable trade mark in the EU (and outside of the UK) within that period will not be taken into account.

Opting-out
It is possible to choose not to have UK corresponding trademark by opting out. This will be possible after 01/01/2021.

Renewals
UK trademarks will have to be renewed separately.
Where an EUTM renewal date falls after 1 January 2021, early payment of the renewal fee at EUIPO, before 1 January 2021, will have no effect in respect of the comparable UK trademark.

Representation
We will be able to continue to represent our  clients before the UKPTO for the UK trademarks.