On 23 June 2016, the UK carried out a referendum on its membership of the European Union (EU), and the public’s decision was that the UK should leave the EU. We have set out below a list of recent articles and updates on the topic, which we hope you find helpful. If you have any questions about how Brexit may affect your existing IP rights do not hesitate to get in touch with one of our attorneys.
Post Brexit – the final countdown …
Don’t forget the 30 September 2021 deadline for filing comparable UK trade mark or design applications based on any EU trade marks or designs that were pending at the end of the Brexit transition period. Since Brexit took effect this year, those rights will no longer cover the UK, unless a comparable UK application is filed.
Under Article 59 of the Withdrawal Agreement between the United Kingdom and the European Union, it is possible to:
- apply to register the same right as a UK right by 30 September 2021
- claim the earlier filing date of the corresponding EU right
- include any earlier claim to priority from the corresponding EU right
Please contact your usual AA Thornton advisor for any assistance you might need. We have also produced a short AA Insights video on the subject of Brexit and trade marks, including the provision for filing comparable UK trade mark applications, with other updates and recommendations too, which you can request via your AA Thornton representative or via the contact us form.