What will happen to UK trademarks after EU trademarks leave the EU?

Regarding the validity of EU trademarks and EU designs and other related issues after the UK officially leaves the EU, the notice makes the following important provisions:

1. EU trademarks, registered EU designs and unregistered EU designs disclosed in the EU in accordance with relevant regulations will continue to be valid in the 27 EU member states, but from the date of Brexit will no longer be valid within the UK.

2. The territorial scope of protection for EU trade mark applications and registered EU design applications submitted before Brexit but still in the processing stage will no longer include the UK. Rights authorized by the EUIPO on or after the date of Brexit will only be effective in the 27 EU member states.

3. All existing prior rights claims based on UK domestic trade marks will cease to have effect within the EU from the date of Brexit.

4. If an international trademark registered under the Madrid system and an industrial design registered under the Hague system designate the EU, the corresponding international registered trademark or design will continue and be valid only in the 27 EU member states.

      EU trademarks are regulated by European Union legislation (EUTMs), which protect trademarks within the EU. After Brexit, the EU trademark system will no longer cover the UK. Trademark owners can only convert their EU trade mark into a UK trade mark, or apply for trade mark protection independently in the UK at the same time.

      In this regard, we remind enterprises that have registered EU trademarks and patents to protect their trademarks and patents in a timely manner. It is only a matter of time before the UK leaves the EU completely. If a company submits an application to the UK or abandons the submission after the success of the UK’s exit from the EU, it is very likely to face the result of the squatting of the company’s trademark and patent, and the loss of the company will be a whole country. market.

      For companies that plan to designate the UK as a target market, they should also submit applications for trademarks or patents to the UK separately while submitting applications to other overseas target markets. If the company still tries to obtain the protection right of the company's existing trademarks and patents in the UK by registering EU trademarks and patents, the protection rights will no longer be meaningful after more than one year. If companies want to continue this protection, they still need to submit separate trademark and patent applications to the UK.

      In terms of protection, European-wide injunctions based on EU trademarks will also no longer apply in the UK, which means that if an applicant wants to obtain the same legal protection as before, the applicant must initiate two sets of procedures, one for To combat infringement in EU member states, another set of procedures is used to combat infringement in the UK, and the increase in litigation costs is self-evident.

About the "R" mark

1. The EU trademark/issued EU patent/patent pending that has become the R mark will automatically be protected in the UK

2. It has been applied for but has not become an R subject. The UK is still considering whether to include it in the scope of protection, but it is clearly stated that it has the right to apply for priority within 9 months after Brexit.

3. Is the specific Brexit date as the British Prime Minister said on October 31, 2019? Stay tuned

      Brexit is undoubtedly a world-class earthquake, but it has come to this point. For us, it is the best choice for us to recognize the possible impact of Brexit on us as soon as possible, and to take measures to deal with it as soon as possible. Especially in the case of intellectual property, the slightest bit of information can have serious consequences. For investors in the European market, only registering the UK and EU trademarks together is the right way to take precautions.