Brexit & IP – Part 2: Trade marks

From 1 January 2021, for every registered EU trade mark, the UKIPO will create a comparable UK trade mark.

In practice, this will mean that the comparable UK trade mark will be recorded on the UK trade mark register and have the same legal status as if a person and/or company had applied for, and registered, it under UK law. Further, the trade mark will keep the original EU trade mark filing date. It is worth noting that it will be a fully independent UK trade mark, so it can be challenged, licensed, assigned or renewed separately from the original EU trade mark.

Please note that you will not have to file an application for this right or pay an application fee. You will not receive a UK registration certificate however you should be able to access the relevant details relating to the trade mark on the GOV.UK website.

Lastly, those who have applications for EU trade marks which are not registered before 1 January 2021 will have a period of nine months to apply in the UK for the same protection. However, please note that application fees will apply, as well as the UK examination and publication requirements.

McDaniels Law has a wealth of experience in dealing with trade mark matters. If you would like further information about our services, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.