EU 14 Dec 2017

Brexit’s impact on EU trademarks and EU designs

March 30 2019 is the date set when the EU trademark and design regulations will cease to apply to the UK, unless a ratified withdrawal agreement establishes another date or the period is extended by the European Council. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, EU rules on EU trade marks and Community designs will no longer apply to the United Kingdom. However, registered as well as unregistered EU trade marks and Community designs before the withdrawal date will be valid in the remaining EU member states.

Any application for an EU trade mark or for a registered Community design pending before the withdrawal date will no longer cover the UK as from that date. Any right granted by the EUIPO on or after the withdrawal date will only cover the EU member states.

In addition, the holders of international registrations of trademarks and designs designated in the European Union before the withdrawal date pursuant to the Madrid system and the Hague system, should consider that, as from that date, those international registrations will continue to be valid in the EU member states only and thus will no longer have effect in the United Kingdom.

All existing seniority claims in EU trade marks based on national trade mark rights in the UK will cease to have an effect in the EU.

In view of the considerable uncertainties regarding the withdrawal agreement, it is important that holders consider their need for protection in the UK.

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