Brexit Is a Done Deal: What Are the IP Implications?

Abstract

The Withdrawal Agreement provides that European Union ("EU") law will continue to apply in the United Kingdom ("UK") until the end of the transition period, currently December 31, 2020, so there is no need for businesses to take immediate action to protect their intellectual property ("IP"). [...]not all EUTM applications filed between now and the end of the transition period will achieve registration before December 31, 2020. [...]from the beginning of September 2020 (and for any applications filed prior to that where an objection which will delay registration to after December 31,2020 are anticipated), if protection in the UK is required, it is recommended that a corresponding UK application is filed. Note, the same costs would be incurred as if you were filing a national UK application and no automatic notifications will be issued to EUTM rights owners by either the UK IPO or EU IPO of the expiry of the nine-month period and potential loss of rights in the UK, so this will need to be monitored by EUTM rights owners or their representatives. * For EUTM designations under the Madrid system for international trade marks, the same recommendations apply.