The European Union Withdrawal Agreement governs the details of the UK’s withdrawal by establishing a transition period ending on 31 December 2020.
During this period, the application of the regulations on the European Union Trademark and Community Designs will remain unchanged, meaning that new applications will continue to be effective in all countries of the European Union, including the United Kingdom.
The Agreement further provides that all trademarks and designs registered in the EU on 1 January 2021 (after the end of the transition period) will automatically be protected in the UK as national registrations (equivalent rights) without the need for the owner to take any action.
However, if the trademarks and designs are still being processed as of 1 January 2021, the owner will be required to expressly request for the registration in the United Kingdom and pay the relevant national fee.
For this reason it is advisable that, if you wish to have your new trademarks and designs legally covered in the UK, you apply for their registration as a EU trademark and design as soon as possible to ensure that, before the end of the transition period, they will be registered*. In this way, the continued protection in the UK is ensured without the need for any additional procedures or costs.
Naturally, we will examine your case on an individual basis, considering the current coverage of your trademark portfolio, if deemed necessary.
If you have any questions or require further information, please contact us at the following e-mail address firstname.lastname@example.org
*According to the usual granting deadlines, provided there are no third party oppositions or grounds for refusal, the processing period for your EU trademarks/designs is 4 to 6 months, meaning that they may be registered in the UK before the end of the transition period.