Implications of the UK's decision to leave the EU on EU Trade Marks & Designs

The UK's decision to leave the European Union will have an impact on existing EU Trade Marks and EU Registered Designs, however the ramifications are not yet clear.

For now, the UK is still a Member State of the European Union, and all the legislation that gives effect to EU law is still in force.  Nothing has changed as a matter of law as a result of the UK's vote to leave the EU.  However, a two year period will now begin for new trade deals to be reached between the UK and EU before the UK officially leaves the EU.

However, given the complexity of the relationship between the EU and the UK, it may be that this two year negotiation period will be extended until an agreement is reached.

Therefore, in the immediate further, there are unlikely to be any changes to existing rights or to new applications for EU Trade Marks and Registered Designs.  Nevertheless, one thing is certain is that the UK will eventually leave the EU which will mean that existing EU Trade Marks and Registered Designs will then no longer have any effect in the United Kingdom.

It is possible that one option open to the UK government is to provide a transitional period for EU Trade Marks and Registered Design owners to apply to register the Trade Mark in the United Kingdom and possibly claim a priority or grandfather claim to allow the filing date of the EU Trade Mark to be the effective date of the new UK trade mark application.  However, this option cannot be guaranteed and therefore EU Trade Mark owners may wish to consider filing a new UK Trade Mark or Registered Design application now to safeguard your EU Trade Mark or Registred Design in the United Kingdom at the earliest possible date in case the UK government decides not to offer a 'priority' period.

We are therefore offering our clients' reduced fees should you decide to file a UK Trade Mark application now to safeguard your trade mark in the United Kingdom.  The reduced fee is £314 Incl. VAT in one class with each additional class costing £90.

Our fee to file a UK Design application is £120.

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