Industrial designs

Implications of Brexit regarding EU trademarks and industrial designs

The United Kingdom and the EU have ratified the Withdrawal Agreement. With this, on 31 January 2020, the United Kingdom left the European Union, and the so-called transitional period (from 1 February 2020 to 31 December 2020) began. During the transitional period, EU law will continue to apply in the United Kingdom.

Implications of Brexit regarding European Union trademarks

The United Kingdom will remain part of the EU trademark system throughout the transitional period ending on 31 December 2020. EU trademarks will also be effective in the United Kingdom by 31 December 2020. As of January 1, 2021, EU registered trademarks will not be valid in the United Kingdom and the UK Intellectual Property Office will create a national trademark that will have an effect in the United Kingdom.

EU trademark applications will be subject to the same rules as currently, which means, that a proprietor of a national trademark having an effect in the United Kingdom will have the right to file an opposition against an application for registration of a similar/identical EU trademark. Also, companies, organizations or individuals who have filed applications for registration of EU trademarks by 31 December 2020 and the registration procedure has not yet been completed will have 9 months from the end of the transitional period to file an application for registration of a national trademark at the Intellectual Property Office (IPO).

Implications of Brexit regarding registered Community designs

The United Kingdom will remain part of the Community design system throughout the transitional period ending on 31 December 2020. Community designs will also be effective in the United Kingdom by 31 December 2020. As of January 1, 2021, EU registered Community designs will not be valid in the United Kingdom and the UK Intellectual Property Office will create a national design that will have an effect in the United Kingdom.

Community designs’ applications will be subject to the same rules as currently. Also, companies, organizations or individuals who have filed applications for registration of Community designs by 31 December 2020 and the registration procedure has not yet been completed will have 9 months from the end of the transitional period to file an application for registration of a national design at the Intellectual Property Office (IPO).

Implications of Brexit regarding unregistered Community designs

The United Kingdom will remain part of the system of unregistered Community designs throughout the transitional period ending on 31 December 2020. This means that two- and three-dimensional designs that were disclosed in the United Kingdom or an EU Member State before the end of the transitional period can be automatically protected in both territories as unregistered Community designs. This right provides three years of copy protection. Also, unregistered Community designs that were disclosed before the end of the transitional period will continue to be protected in the United Kingdom until the end of their three-year term.

Implications of Brexit regarding representation at the EUIPO

Throughout the transition period, UK professional representatives will continue to be entitled to represent clients at the European Union Intellectual Property Office (EUIPO).

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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide more information about the implications of Brexit regarding EU trademarks and industrial designs. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of trademarks as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP lawyer in Bulgaria Krasimira Kadieva assists in all types of trademark registrations by providing professional advice and preparation of all necessary documents.

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