20 Mar BREXIT : SEASON 4 EPISODE 9
With Brexit arriving slowly but surely, it is time to look again at what the impact will be on your trademarks – see https://www.iphills.com/brexit/. The British Government has posted clear guidelines on their website (https://www.gov.uk/guidance/changes-to-trade-mark-law-after-brexit).
We would like to summarize them for you:
- One thing remains clear: as soon as the UK is no longer a Member State, the EU trademark will only be valid in 27 Member States.
- For every registered EU brand, the IPO (UK Intellectual Property Office) will provide a comparable UK trade mark. This will be done without any additional costs and with minimum administration, so without a registration certificate as well. Your priority- and seniority data (based on a UK brand) will be automatically transferred. You can also choose your own Brexit, in which case the IPO then provides an opt-out in which the UK equivalent is removed for you.
- For the EU trademark applications that are not yet registered, you will be given the opportunity to apply for a UK equivalent brand up to 9 months after the exit day. The date of the EU trademark application or the priority date will then apply to the UK equivalent. The taxes you pay for this application are the standard taxes in the UK, in particular: £170 for one class and £50 for every next class.
- The comparable UK trade mark will be identified by a registration number; it will consist of the last 8 digits of your EU trademark with the prefix UK009.
- The renewal date of the equivalent UK law will be identical to that of the EU brand. If the UK equivalent expires within 6 months after the exit day, the IPO will send a renewal reminder and you have 6 months, after you have received the renewal reminder, to renew the brand, regardless of the brand’s renewal date.
Additionally, it does not help to renew your EU trademark before Brexit to avoid the renewal cost. The IPO does not take into account the early renewal for the UK equivalent.
- When a trademark does not get used, more than 5 years after registration, it is susceptible to an annulment. For the UK equivalent the use will be taken into account, in the EU before the exit day even if that use is not in the UK.
IP Hills binge-watches the documentary (or has it become a comedy?) for her customers and gives spoilers in time. Will the season finale be as disappointing as that of Game Of Thrones?
© 2019, Hanne Lammens for IP Hills