Brexit: European Union Trademarks - Situation as from 1 January 2021

With Brexit’s transition period ending on 31 December 2020, specific mechanisms in relation to European Union trademarks provided for in the Withdrawal Agreement entered into between the United Kingdom (“UK”) and the European Union will come into effect on 1 January 2021.

These mechanisms will ensure, in particular, that the owners of fully registered European Union trademarks will automatically be protected in the UK. Opting out of the UK trademark protection will be possible but conditions will apply.

As for the individuals or entities having European Union trademark applications pending before the European Union Intellectual Property Office on 31 December 2020, these will benefit from a 9-month period in which to apply for comparable trademark protection in the UK while retaining the filing or priority date of the European Union trademark application.

For more information on the mechanisms and rules having an impact on European Union trademarks and trademark protection in the UK, please read our article and/or contact our dedicated ICT, IP, media and data protection team.