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ARTICLE · 21 DECEMBER 2018

December Brexit Update: Trade Marks And Designs

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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As the level of uncertainty over Brexit continues to be high, as a precautionary measure it is recommended that proprietors seeking trade mark and design protection in both the UK and the EU file

European UnionIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Clare Cornell
Clare Cornell
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As the level of uncertainty over Brexit continues to be high, as a precautionary measure it is recommended that proprietors seeking trade mark and design protection in both the UK and the EU file separate applications until a deal on Brexit has been passed by Parliament and greater clarity on the situation has been established. Even in the event of a no-deal Brexit, the IPO has confirmed that applicants with pending EU applications on 29 March 2019 will have an opportunity to refile with the same particulars in the UK within a 9-month period, retaining the earlier EU filing date.  Existing registered rights will continue to apply in the UK. 

It is also recommended that proprietors should designate both the UK and the EU when using the Madrid system for International trade marks and the Hague system for designs. In addition, we recommend filing subsequent designations for the UK, where the EU trade mark application is likely to still be pending come March 2019.

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