(Publ. 30 JAN 2020) UPDATE 2020-02-14. We now know more about the process after Brexit. Please read the updated information: How Brexit effects your EU trademarks.
As from February 1st, the UK will leave the European Union. However, that will be a transition period until December 31st, 2020, when EU law remains applicable to and in the UK, according to the Withdrawal Agreement concluded between EU and the UK.
The European Union Withdrawal Act aims to secure registered EU trademarks as well as registered and unregistered EU designs which will continue being valid also as national rights in the UK after Brexit. I.e. EU trademarks, EU designs and Supplementary Protection Certificate (SPC) to patent protection will continue being valid throughout the year, where after it will automatically be transformed into national rights. New applications of EU trademarks will not cover the UK.
Owners of EU applications that are pending on 1 January 2021 will be given the opportunity for nine months to apply for comparable protection in the UK, maintaining the EU application date and possible priority date. We will contact our clients when we know more about how to proceed practically. For any queries you are welcome to contact your consultant or trademarks@groth.eu