What happens with my European trademark after Brexit?
It is a fact that the United Kingdom no longer belongs to the European Union and from December 31st. 2020 all European Union trademark registrations will be ineffective in the United Kingdom, although the rights arising from them would not be lost.
The consequence of this withdrawal is that the scope of territorial protection of EU trademarks will be limited to the territory of the remaining 27 Member States, excluding of course the United Kingdom.
With this communication we want to clarify the most frequent doubts regarding 4 crucial points that will be affected by this departure:
1. The European trademarks already registered with respect to the United Kingdom.
2. The European trademarks applications that are in process at the time of effective departure.
3. Renewals of European trademarks after departure.
4. Determine the genuine use of an European trademark after Brexit.
1. European trademarks already registered in respect of the United Kingdom
The UK government will give owners of European trademarks registered in the UK a new comparable right. In this way, these trademarks will be registered through this process at the UK Trademark Office without losing priority.
This means that, from the time the "effective" date of departure is December 31st, 2020), all trademarks registered as European will be held at the UK Trademark Office as if they had been applied for and registered under UK law. An important thing to consider is the ownership and address of the European Union trade marks as, after the departure date, those marks and with that data will be exactly what is registered at the UK Trademark Office and we can of course help you with that.
At the same time you will be given the opportunity to withdraw the registration from the United Kingdom Trademark Office (opt out) if the owners are not interested in having their mark registered. The mark must meet certain requirements such as not having been used in the UK and others which we will not detail in this newsletter but which we will be happy to explain to you in more detail if you would like more information.
It should be noted that owners of a Comparable Mark will not receive a certificate of grant of the mark from the Office, but they will be able to obtain the information and data on this registration in the database of the Office.