What are the consequences for your IP rights after Brexit? [Trademarks and Designs]

The United Kingdom officially left the European Union on 31 January 2020.

A system has been put in place to ensure the validity and longevity of European IP rights (trademarks and designs) in the United Kingdom.

Over a transitional period from February 1, 2020 to December 31, 2020, new EU trademark and design applications (direct filing at EUIPO or via the Madrid or Hague International System) will continue to have effect in the United Kingdom. At the end of this period, i.e. on 31/12/2020, a distinction will be made between registered and unregistered rights:

Rights registered on that date will be automatically and at no cost created in the UK register. The converted titles will have the effects of national securities and will be subject to national law. Holders will have the option to waive this cloning.

Rights not registered at that date will have to be the subject to a “re-filin before the UKIPO within 9 months from the date of the end of the transition period (31/12/2020).

It is specified that this transitional period could be extended.

Regarding pending litigation or opposition procedure in the United Kingdom or procedures involving UK national titles before EUIPO, our teams are at your disposal to assess the situation on a case-by-case basis.

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