BREXIT – EU trademarks & designs

If England leaves the European Union,
there won´t be consequences just for
English companies. In general, every
company owning a European Union
Trademark or European Union design
will lose protection in the United
Kingdom.
A solution should be found in the
coming years. There are three possible
options. The owner of the EU
trademark or design loses all his rights
(highly unlikely), a one to one
transformation of rights, or the EU
rights will be converted into national
rights.
The last option is already being used in
certain procedures and therefore is the
most probable option.
How does conversion work? Owners of
EU trademarks or designs will be
granted a term (for example 6
months) to specifically convert their
rights into national rights in the UK.
The procedure will be the same as a
normal national application in the UK.
Meaning the same costs, but also the
examination of the authorities (on
absolute grounds) and opposition
possibilities for third parties.
Do not close your eyes for these
matters. Anticipate if the UK market
is relevant. In case of filing for a
European Union trademark or
European design, also request
protection through a National
registration in the UK
EU trademarks or designs will be granted a term (for example 6 months) to specifically convert their rights into national rights in the UK. The procedure will be the same as a normal national application in the UK. Meaning the same costs, but also the examination of the authorities (on absolute grounds) and opposition possibilities for third parties.
Do not close your eyes for these matters. Anticipate if the UK market is relevant. In case of filing for a European Union trademark or European design, also request protection through a National registration in the UK
If England leaves the European Union, there won´t be consequences just for English companies. In general, every company owning a European Union Trademark or European Union design will lose protection in the United Kingdom.
A solution should be found in the coming years. There are three possible options. The owner of the EU trademark or design loses all his rights (highly unlikely), a one to one transformation of rights, or the EU rights will be converted into national rights.
The last option is already being used in certain procedures and therefore is the most probable option.
How does conversion work? Owners of EU trademarks or designs will be granted a term (for example 6 months) to specifically convert their rights into national rights in the UK. The procedure will be the same as a normal national application in the UK. Meaning the same costs, but also the examination of the authorities (on absolute grounds) and opposition possibilities for third parties. Anticipate if the UK market is relevant. In case of filing for a European Union trademark or European design, also request protection through a National registration in the UK.