Implications of Brexit on EU Trade Marks (“EUTMs”)

Following the end of the transition period on 31 December 2020 in accordance with the Withdrawal Agreement, the UK is now no longer a part of the EU’s Single Market and Customs Union.  This has certain consequences for EUTMs.

What you need to know?

• Where a EUTM has been filed and registered before 31 December 2020, then an automatic comparable UK trade mark (“UKTM”) will be created;

• Where a EUTM has been filed before 31 December 2020 but it is not yet registered, then an application for a comparable UKTM must be made. There is not automatic comparable UKTM.  Applicants have until 30 September 2021 to apply for the comparable UKTM.

• For EUTMs which are submitted after 1 January 2021, these marks will have no protection in the UK and a separate application must be made to the UK Intellectual Property Office for protection.

What you need to do?

If you currently have a pending EUTM which you filed before 31 December 2020 and wish to apply for a comparable right in order to avoid losing protection in the UK, please contact us.

For further information contact Elaine McGrath emcgrath@reddycharlton.ie