It’s a word that will go down in the realms of history but what will “Brexit” and the impact of the UK leaving the EU actually mean for brand owners? Here’s what to expect if there is a no-deal Brexit….
Registered EUTMS as at Exit Day (currently set at 31 October 2019)
An owner of a registered EUTM (European Trade Mark) can expect to have a mirrored UK registration. All rights are reserved and at no extra cost to the brand owner. That cloned UK registration will retain the last 8 digits of the EUTM application and have its own “UK0009” prefix. There won’t be a new registration certificate but evidence of the cloned UK right can be found on the UK Intellectual Property Trade Marks Register. The EUTM owner may, if it so wishes, opt out of receiving a comparable UK right where the EUTM has not been used in the UK, is not the subject of litigation, a licence, assignment or other agreement.
Pending EUTMs as at Exit Day
If an EUTM does not achieve registration by exit day, then there will be a grace period of 9 months for the EUTM holder to apply for a UK trade mark claiming the same filing and priority date bestowed to the EUTM. The fees will otherwise be the same for a normal UK trade mark application.
What if the EU and UK agree a deal?
If the UK can ever strike a deal (first within its own Government and then with the EU) then we may see an extension to the cloning process but while the Brexit circus continues to play out, we can only be fairly certain of one thing: the UK will, at some point, leave the EU.
Brand owners with future interests in both the EU and UK would do well to benefit from filing an EUTM sooner rather than later.
If you wish to know how Brexit may affect your business with respect to your Intellectual Property, please contact us on info@symonsip.com.
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