The Brexit transitional period ended at 11 pm on 31 December
2020, with a trade deal having been agreed to between the United
Kingdom (“UK”) and European Union
(“EU”). So, what does this now mean
for trade mark rights?
Existing EU trade mark registrations and applications
As of 1 January 2021, EU trade marks will no longer afford
protection in the UK, but will still cover the remaining 27 EU
member states. In new matters commencing 1 January 2021, UK rights
cannot be enforced against EU rights, and EU rights cannot be
enforced against UK rights. Similarly, UK courts no longer have
jurisdiction to hear new cases relating to EU rights, and
enforcement of an EU right brought in an EU court will not be
effective in the UK. Therefore, separate actions are required to be
filed in the EU and UK.
