EU Trade Marks and Designs in the event of 'No Dea' between the EU and the UK

October 4th, 2018

EU Trade Marks and Designs in the event of "No Deal" between the EU and the UK

The UK Government has announced that all existing EU trademarks and registered Community designs will remain protected for the length of their mark in the event of a 'no deal' Brexit.

Currently, EU trademarks and designs have effect in the UK because of the UK's membership of the EU. However, the UK's membership of the EU is due to end on 29th March 2019. With a deal yet to be finalised, the UK government has laid out its plans for a 'no deal' scenario.


The 'no-deal' Scenario

The UK Government will provide an equivalent trademark to all designs that are registered in the EU prior to the 29th March. This will ensure all existing registered EU trademarks and registered Community designs will continue to be protected in the UK. To keep the administrative burden minimal, all right holders would be notified that a new UK right has been automatically granted.

For businesses with pending EU trade mark and Community design at the date of the UK's exit from the EU, there will be a nine-month window to refile the application at the UKIPO using the normal application process for registered trademarks and registered designs in the UK. During this timeframe all applications that are refiled will have their original filing dates and claims recognised by the UK. They will also have to pay a fee which will be the same as the standard UK trademark application.

The principal difference in a no-deal scenario is that the changes will take effect on 29 March 2019, whereas if a deal is reached this will take effect from 1 January 2021.

York Place will be contacting all clients with pending applications for an EU trade mark or a registered Community design early next year (2019) if a 'no-deal' scenario is looking likely. This will give them time to consider whether they should refile with the UKIPO to obtain the equivalent trademark protection in the UK.

All businesses considering applying for UK trademarks regardless of Brexit should start the application process as soon as possible, as the UKIPO is likely to be flooded with applications to refile in the event of a 'no-deal' scenario.

If you would like to talk to one of our trademark specialists regarding either the UK or the EU application process and the steps involved please contact james.ausobsky@yorkplace.com


The 'no-deal''Scenario
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