This newsletter is to inform you that EU trademarks and Community Designs registered and, where applicable, the Community Designs published following a deferral of publication before the end of the transition period of 31 December 2020, will be automatically converted into comparable UK registrations. Article 56 of the Withdrawal Agreement requires that the UK takes measures to ensure the continued protection of registered trademarks and designs designating the EU pursuant to the Madrid/Hague system respectively.
Owners of comparable marks will pay renewal fees to the UKIPO and the EUIPO or WIPO.
For those rights which are still pending, there will be a nine months period (from January to September 2021) during which the interested Applicants should request a comparable Application in the UK.
As from 1 January 2021 (unless there is an extension of the transitional period), EUTMs and Community Designs will no longer include the UK. This is of particular relevance for all the pending conflicts in the EU which involve prior UK rights.
Please feel free to contact us at email@example.com to determine whether any action is needed to preserve the scope of protection of your pending matters, and to resolve any doubts you may have regarding the impact of Brexit on your present cases involving any UK prior rights on the territory of the European Union.
Zivko Mijatovic & Partners