Overview

The transition period for the United Kingdom (UK) has officially closed on 31st December 2020. UK is no longer a member of European Union (EU) which brings impact of EU trademark applications. The laws and policies of the EU will cease to apply to the UK after the transition period. Trademark owners mostly concern what to do with their EU trademarks, UK government announced various handling of different types of trademark applications:-

1. Existing Registered EU Trademarks

EU trademarks that are registered or designated up to the transition period will be automatically record in comparable UK trademarks from 01st January 2021. These existing registered EU trademarks will be:-

  • registered and recorded in UK trademark office;
  • enjoy the same legal status under UK law;
  • filing date will be same as the original EU trademark;
  • keep the original priority claim;

If these trademark owners decide not to receive a comparable UK trademark, they reserve the right to withdraw.

2. EU Trademark renewal after the transition period

EU trademarks which will expire after the transition period have to renew both in EU and UK separately.

3. Pending EU Trademarks

For these pending EU trademarks , the trademark owners have the right to apply their trademarks in UK with priority claims until 30th September 2021.

Evidence of Uses

Any third parties can challenge an UK trademark if it is not used in five years continuously.

Evidences of Uses of an EU trademark prior to 31st December 2020, whether outside or inside of UK, still will be qualified for a comparable UK trademark. On the other hands, Evidences of Uses in UK also will be accepted by EU trademarks.

Legal representation

After the transition period, UK attorneys cannot their clients for any EU trademark applications.