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Brexit Trademark Update

December 29, 2020

Steven A. Abreu | Partner, Trademark Chair View more articles

Steven is a member of our Trademark Practice Group and Litigation Practice Group

As a consequence of Brexit, December 31, 2020, marked the end of the extension of European Union trademark and design rights to the United Kingdom. The UK Intellectual Property Office will provide an automatic extension of rights of existing EU trademark and design registrations via cloned UK registrations. A cloned UK registration must be renewed separately from the EU registration.

The automatic extension scheme does not include pending EU applications. An owner of an application pending with the EUIPO will have nine months from January 1, 2021, to file an application separately with the UKIPO and request that the new application be given the same priority as the pending EU application.

If you currently own trademark or design registrations or applications in the EU that Sunstein is managing for you, our Trademark Group will track these new deadlines, keep you informed, and strategize with you regarding potential new applications in the UK.

Sunstein will continue to monitor the changes to the protection schemes in place in the EU and UK and to work with our foreign associates to secure your trademark rights.

Additionally, after January 1, 2021, the UK will no longer be a part of the EU, which may affect the operation and scope of coexistence agreements, licenses, and other contracts if the territory governed by the contract is defined as the EU. If you have any questions or concerns about the scope of any such agreements to which you may be a party, please let us know, and we will be happy to consult with you to help ensure that your agreements remain in full force and effect.