EU 31 Aug 2020

Effects after Brexit of your Trademarks in the EU

The United Kingdom has now decided how international trademark registrations designating EU will continue to be protected in the UK. The rules correspond to the regulations for EU trademarks established since last spring. The rule changes will take effect on 1 January 2021.

Groth & Co will take the necessary actions for our clients and associates.

International registrations (Madrid Protocol) designating the EU
Based on an EU designation of an international registration will, as of 1 January 2021, be created a national UK registration or application in the same manner as EU registrations and EU applications. EU designations granted before 1 January 2021, will be treated as EU registrations, while EU designations not yet approved will be treated as EU applications.

The EU designation will of course continue to apply in the remaining EU countries.

Registrations
On 1 January 2021, based on existing approved EU designations, a corresponding national UK registration will automatically be created. The national registration will retain the goods/services, application date, any noted priority and/or seniority dates, registration date and renewal date of the EU registration. It will be allocated a new national registration number.

Applications
Based on EU designations pending on 1 January 2021, there will run a nine (9) month period when it will be possible to apply for registration of a corresponding national UK trademark. The national application will retain the goods/services, the application date and any noted priority and/or seniority dates of the EU designation. It will be allocated a new national application number.

Renewals
Upon renewal of an EU designation with a renewal date before 1 January 2021, the renewal will take place within the framework of the international registration and on 1 January 2021 a new national UK registration is automatically created as described above. In case of renewal of an EU designation that has a renewal date from 1 January 2021, the EU designation and the new national UK registration that was created on 1 January 2021 must be renewed separately.

The Madrid Protocol
The Madrid Protocol is a cost-effective system for registration of trademarks in 122 countries. You are granted corresponding legal protection as if the designs were filed directly with each national office.

Please contact your consultant or send an e-mail to if you have any questions.

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