EU and UK: What will happen to trademarks after Brexit?
April 09 2019

Even though the Brexit deadline was 29 March 2019, the parts have agreed that the UK will remain in the EU a few more days, in order to avoid a hard Brexit. The date has been set for 12 April 2019, but the possibility of extending said deadline until 22 May 2019 is on the table.

With a new deadline ahead, many IP owners have been wondering what is going to happen with their rights, and mainly what is going to happen with their trademarks after Brexit.

As a result of this uncertainty, the United Kingdom Intellectual Property Office (UKIPO) has issued an “IP and Brexit Guide” clarifying, among other things, that: i) for all registered European Union Trade Marks (EUTMs) the UKIPO will create comparable UK trade marks; ii) comparable UK rights will retain the filing dates and will also inherit any priority and/or seniority dates; and, iii) new trademarks in the UK will be fully independent from the original EUTMs.