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ARTICLE · 10 JUNE 2020

Brexit, Schmexit: How Resilient Is Your Trademark Portfolio And Enforcement Strategy?

Ward and Smith, P.A
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On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU).

European UnionIntellectual Property
Angela P. Doughty
Angela P. Doughty
Erica Rogers
Erica Rogers

On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU).

From February 1, 2020, to December 31, 2020, the UK and EU are in a "Transition Period," where there will be no change to the process of obtaining EU trade marks (EUTMs) or design marks (collectively, "trademarks"), nor will respective UK and EU laws affect the resulting protection of European trademarks in the United Kingdom.

However, the Transition Period likely ends this year (unless the UK legislates to extend it). Therefore, brand owners should evaluate their long-term protection and enforcement strategies in the UK and EU.

Current EU Trademark Registrations

No action is required to obtain a UK registration based on a current EU trademark registration. Trademarks registered with the European Union Intellectual Property Office ("EUIPO") before December 31, 2020 (and that do not expire before December 31, 2020) will be imported into to the UK system and

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