Ready for a Brexit without agreement

After the comings and goings we are living with Brexit, the possibility of an agreement to exit seems increasingly difficult.

As far as the parties have expressed their commitment not to harm the interests of rightholders under current Community legislation. These rights encompass European Union trade marks and Community designs.

Once the UK leaves the European Union, European Union trade marks and Community designs will no longer have an effect in that territory. However, measures have been envisaged to ensure that the holders of these registries remain their rights intact. However, subject to UK national legislation.

The Brexit agreement envisages a transitional period to carry out the necessary actions in order to ensure the rights of the holders. The possibility of an unarranged exit only seems to advance those same measures, eliminating the transition period.

European Union trade marks and Community designs granted

There are still many unknowns on the table, but all points to the UK being issued national trade mark titles and designs equivalent to those already registered within the European Union. These titles will not have an additional cost to holders, and the application dates, priority will be maintained… corresponding to them.

Applications pending at the time of Brexit

For cases still in process at the time when the UK’s exit from the European Union takes place, the issue is more complex. In that case it will be necessary to make an equivalent application in the United Kingdom, which will mean management and representation costs for applicants. The deadline for submitting these new applications in the UK shall be 9 months from the date of Brexit. In any case, it will be respected as the date of application, the date of filing with the EUIPO (European Union Intellectual Property Office).