Brexit Update – Creation of comparable UK rights to existing EU trade marks and Community designs

The UK’S departure from the EU is bringing very interesting changes to the current state of IP arrangements between the two. Beginning on January 1, 2021, EU trademarks and Community design applications and registrations will no longer have effect in the UK. However, under the Withdrawal Agreement, the UK Intellectual Property Office will automatically create comparable rights for all EU trademarks and Community designs which were registered on or before January 1, 2021 free of charge. Pending applications unfortunately won’t fare so well. EU trademark applications and Community design applications that have not been proceeded to registration before January 1, 2021 will no longer be effective in the UK, however filing a new corresponding UK application will be an available option. If you are interested in filing in the EU prior to the deadline, contact one of our attorneys at WVD!