On 1 January, EU trademarks and registered
Community designs ceased to have effect in the UK.
What happens to protection in the UK?
We provide you with the latest updates as the UK leaves the European Union, as well as its implications in the field of Industrial and Intellectual Property.
Please do not hesitate to write to your usual contact at ELZABURU or to the email address firstname.lastname@example.org should you require further clarification on these aspects or any other related to Brexit.
Brexit: Getting closer every day (November 2020)
Frequently Asked Questions
Registered European Union Trademarks (EUTM)
EUTM applications pending at the end of the transitional period
International trademark registrations designating the European Union
Other considerations of interest in relation to trademarks
Assignments, licences and other modifications affecting rights
Registered Community designs
Community design applications pending at the end of the transition period
In practice, it may be useful in some cases to file the UK national design application at the end of the 9-month period (up to 30 September 2021), with a view to maximizing the deferment of publication in the UK in order to be able to delay publication.
International design registrations designating the European Union
Unregistered Community designs
Assignments, licences and other modifications affecting rights (designs)
Issues common to EU trademarks and Community designs
Representation before the EUIPO and the UKIPO
.eu Domain names
Exhaustion of rights
Supplementary Protection Certificates (SPCs)
For rights granted in the two months prior to the end of the transition period (in November or December 2020), the same approach will be adopted as for Community applications that are still pending on 31 December 2020 (please see below). Therefore, it will be necessary for the holders to file an application with the UK authorities for their rights to be valid in the United Kingdom. It is expected that reports on distinctiveness, uniformity and stability (DUS reports) already issued for Community rights will be accepted as valid for the grant of the UK right, possibly following payment of a fee for purchasing or “taking over” the report to the Community Plant Variety Office (or to the Office responsible for said report).
Applications for Community plant variety rights pending at the end of the transition period
Based on the information currently available, it seems that this will also apply to UK plant variety applications filed in the future and for which protection is also sought at the Community Plant Variety Office.