IP and Brexit
Since issuing a circular on this subject on 28 February 2019, another update issued on 1 March has appeared on the GOV.UK/EUEXIT website. Please click here to view.
In addition to the above information on Intellectual Property, more specific information concerning Traded Marks was issued on 1 March 2019. Please click here to view.
• Once the UK leave the EU without a deal, EU Trade Marks (EUTMs) will no longer provide protection in the UK
• UK protection will be preserved by the government revising UK law to provide holders of existing EUTMs with a comparable UK trade mark on exit day
• From exit day, all existing registered EUTMs will be treated as if they had been applied for and registered under UK law
• For all registered EUTMs a comparable UK trade mark will be created which will be recorded on the UK register
• These UK rights will retain the filing dates recorded against the corresponding EUTMs and will also inherit any priority and/or seniority dates.
• They will be fully independent UK trade marks which can be challenged, assigned. Licensed or renewed separately from the original EUTM.
• These comparable rights will be created at no cost to the original holder of the EUTM.