New notice from EUIPO and the European Commission on the consequences of Brexit for EU trademarks and Community designs

2.26.2018

EUIPO (European Union Intellectual Property Office) and the European Commission have recently issued a notice in which they describe in detail the possible consequences of Brexit for EU trademarks and Community designs.
EUIPO and the European Commission point out in the notice that EU trademarks and Community designs will no longer enjoy legal protection in the United Kingdom after 30 March 2019 when the United Kingdom officially withdraws from the European Union. The same applies to pending applications with EUIPO. However, EU trademarks and Community designs will continue to be protected in the remaining 27 member states. In case of admission of new member states to the European Union, the existing trademark and design registrations will - as hitherto - be extended to apply also in the new member states, which will take place without any further formalities or fees.

As emphasized in the notice from EUIPO and the European Commission, the consequences depend on the content of a possible withdrawal agreement between the European Union and the United Kingdom. Since the content of such withdrawal agreement is not yet known, EUIPO and the European Commission encourage all rights holders and applicants to take the required precautions prior to the United Kingdom's withdrawal from the European Union.

We recommend that businesses having their primary activities in the United Kingdom consider to file a national application for protection of their rights in the United Kingdom. 

Kromann Reumert will monitor the negotiations closely, and we will keep our clients and other business partners updated on developments. However, if you have any questions concerning Brexit or the status of your rights, please do not hesitate to contact us.