Brexit: Important Trade Mark Considerations

In view of the upcoming expiry, on 31 December 2020, of the current "Brexit-transition period" during which the full body of EU law continues to apply in the UK, this newsletter addresses certain pertinent questions concerning trade marks designating the EU as protection territory. As a general matter, we hereby emphasize that Brexit-preparations require private stakeholder action and that trade mark holders are recommended to undertake or review any necessary contingency planning at the earliest.

1. Legal Framework

In the EU, trade marks can be obtained by registering a European Union trade mark ("EUTM") with the European Union Intellectual Property Office ("EUIPO"), and/or by registering a national trade mark with the responsible authorities of the EU member states. Alternatively, owners can also obtain international trade mark protection in designated territories including the EU and the UK by registering, on the basis of an existing national or EU