Brexit is set to enter into force definitively on 1 January 2021 as the transition period following the Brexit date is coming to an end. During this period the current rules on intellectual property rights will continue to apply. It is very important, however, to consider appropriate steps to ensure that relevant rights will remain in force in the United Kingdom (“UK”) following the transition period.
Holders of EU trademarks or international registrations designated in the EU which are registered before the end of the transition period, automatically will be granted comparable “cloned” national UK registrations. The same applies to community design rights which are granted and published before the end of the transition period. Thus, trademark and design rights registered in the EU before the end of the transition period will continue to be in force automatically in the form of a comparable “cloned” national UK registration.
Holders of EU trademark applications, international trademark applications designating the EU or community design right applications which are still pending at the end of the transition period will have nine months (generally from the end of the transition period) to apply for a comparable national UK registration.
After the end of the transition period new trademark and design applications must be filed separately in the EU and the UK, if protection is desired in both jurisdictions. Even before the end of the transition period it is important to consider applying for protection separately in the UK.
There is still (a little) time remaining before the end of this year, and we recommend evaluating your need for protection in the UK and possible renewal of trademarks and designs.
Our Bergggren Brands & Designs Team is ready to assist you. Please contact us if the UK is an important jurisdiction for your business.
For any questions contact Jenni Ihalainen, tel. +358 40 596 1024, jenni.ihalainen@berggren.fi.