The Brexit decision deadline of 31 October 2019 has come and gone. The European Union has granted the United Kingdom a time extension due to expire on 31 January 2020.
Amidst the uncertainty, it is difficult to know what the implications will be for trade mark owners in the UK and EU. To provide some insight, here are some thoughts about the possible impacts on current and pending trade marks if a Brexit deal can (or cannot) be reached by the revised deadline.
Holders of EU trade mark registrations will have their trade marks ‘assigned’ UK protection. Official fees will not apply.
At the end of the proposed transition period, pending EU trade mark application holders should have a 9-month grace period to re-file the same trade mark in the UK with the same filing date (and date of priority) as the EU trade mark application. The UK trade mark application will be examined separately by the UK Intellectual Property Office. Official fees will apply.
EU trade mark registration holders will have their trade marks effectively ‘cloned’ so that there is an equivalent UK trade mark. Official fees will not apply.
At the exit date EU trade mark application holders should have a 9-month grace period to re-file the same trade mark in the UK (there will be no transition period). It is uncertain whether this new UK trade mark application will have the same filing (and priority) date as the EU trade mark application. Official fees will most likely apply.
In preparation for the revised deadline of 31 January 2020, we recommend speaking to one of Griffith Hack’s Trade Mark professionals to discuss your options, and how to mitigate disruptions to your UK and EU trade mark portfolio.
We will continue to share updates in line with any new Brexit developments. You can contact us here.