Brexit update: EU trade marks and designs – 20 days to go…

Posted: 16/12/2020

With less than 20 days to go until the end of the Brexit transition period (31 December 2020), and a UK/EU trade deal still proving elusive, it remains imperative that EUTM and RCD owners are fully prepared for the transition process and have taken all appropriate measures to ensure the continued protection and management of their valuable rights in the UK, post-transition.

Specific issues that EUTM and RCD owners need to consider include:

• Renewals – renewing EUTM/RCDs that expire after the end of the transition period before this period comes to a close will not avoid having to pay separate renewal fees in respect of the UK clones;
• Applications – depending on the priority position, it may be preferable to file parallel UK trade mark applications before the end of the transition period, rather than during the nine-month grace period commencing on 1 January 2021;
• Opposition and cancellation proceedings – these need to be carefully reviewed in tandem with any ongoing settlement discussions in order to identify any potential risks or strategic opportunities; and
• Coexistence, licensing and security arrangements – these need to be considered carefully in order to avoid any unforeseen or unintended consequences.

To this end, the intellectual property team is offering clients and contacts a range of complimentary transitional services aimed at safeguarding these valuable EUTM and RCD rights. To subscribe to these services, please contact the team at trademarks@penningtonslaw.com and/or refer to this attached brochure for more details.

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