Brexit took effect on the evening of 31 January. The United Kingdom is no longer part of the European Union. In case you have any doubts about your EU trademarks or Community designs, and whether they are still in force in the UK, please note that the Withdrawal Agreement provides that EU law will continue to apply in the UK for a transitional period until 31 December 2020. This extends to the EU Trademarks and Community Design Regulations and their implementing instruments.
Thus, the UK on 31 January 2020 left the EU, but there is no change to the EU trademark and design system for some time; nothing changes from that date in relation to trademark and design protection.
EU trademark and design applications filed after that date will continue to protect and include the UK; after 31 January 2020, there will be a transition period where the current ‘status quo’ will be maintained to allow the UK and the EU to negotiate trade agreements. During that period, nothing will change.
The transitional ‘status quo’ should last at least until 31 December 2020. If these trade arrangements cannot be concluded by that time, this transitional period may be extended. At the end of the transitional period, registers in the UK will be automatically created for all existing EU registers and applications in the UK can be created reflecting pending EU applications at that time.
Therefore, all proceedings before the Office involving grounds for refusal relating to the territory of the United Kingdom, prior rights originating in the United Kingdom or parties/representatives domiciled in the United Kingdom will proceed as before, until the end of the transitional period.
This information supersedes any previous information on the impact of the withdrawal of the United Kingdom from the European Union on EU Trademarks and Community Designs.