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Brexit effect: which impact for owners of European Union Trademarks and Community Designs?
2019-10-01

Practical actions for the management of trademarks and designs in the event of a no-deal Brexit on 31 october

This communication kindly advises and reminds about some practical actions for the management of your Trademarks and Designs whereas it will be a no-deal Brexit on 31 October 2019.

TRADEMARKS
What will happen to EUTM registrations in existence at 31 October 2019?

  • The owners of EUTM registrations in existence as at 31 October 2019 will automatically be given a comparable new UK trademark registration (with the same priority, filing and seniority dates as the corresponding EUTM). 
  • Existing EUTMs will continue to cover the EU27 only.
  • After 31 October 2019, separate applications will be required at UK and EU level if protection is required in the UK and EU27.

DESIGNS
What will happen to RCD registrations in existence at 31 October 2019?

  • Registered Community Designs (RCDs) will be protected in the UK as comparable rights in largely the same way as described above for EUTMs.
  • Community Unregistered Design Rights (UDRs) will continue to be protected in the UK until the corresponding EU right expires.

If the UK does not leave the EU on 31 October 2019, no actions will be required for the moment

  • Please consider the technical information – except for dates – present in our previous communication still correct.

We will, of course, keep you updated on any development on the situation and remain at your complete disposal for any clarification that may be required.

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