Mikhailyuk, Sorokolat & Partners

Patent and Trademark Attorneys

BREXIT and IP rights

BREXIT and IP rights March 29, 2019

BREXIT and IP rights

How the UK withdrawal from the European Union (BREXIT) will affect on intellectual property rights.

In the frame of preparing the UK's withdrawal from the European Union, a lot of questions arise regarding the further effect of the legal protection of the currently registered trademarks in the European Union.

In accordance with the European Union (Withdrawal) Bill, any rights which are in force in the territory of the UK before the UK's withdrawal from the European Union will continue to stay in force after the withdrawal. So in case the trademark is currently registered in the European Union the legal protection of the trademark registration in the UK will remain in the same amount after the withdrawal of the UK from the European Union. And the right holder will not have to pay any additionnal fees for registration of the trademark in the UK.

As to the applications for registration of trademarks filed before the UK withdrawal from the European Union - the UK sets 9-month transition period for such applications.

Our professionals will follow the BREXIT proceeding and inform you in due course about the further details.