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ARTICLE · 19 MAY 2020

Trade Marks In Post-Brexit World

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Having left the EU on January 31, 2020, the UK is currently in a transition period which is scheduled to end on December 31, 2020 and during which time EU rules and procedures still apply.

United StatesIntellectual Property

Having left the EU on January 31, 2020, the UK is currently in a transition period which is scheduled to end on December 31, 2020 and during which time EU rules and procedures still apply. The option of an extension of the transition period is on the table, and despite the ongoing coronavirus crisis the UK government remains adamant to conclude the exit without further extensions. And until the transition period ends, it's business as usual in the trade marks world: the UK remains part of the EU trade mark system, the scope of protection of EU trade marks continues to extend to the UK and the UK courts continue to apply the relevant EU law.

In the meantime, the UK government has provided some guidance on how trade mark rights will be affected after the transition period expires. To everyone's relief, EU trade marks will not lose protection in the UK and will continue to be enforceable by way of creation of equivalent UK trade marks. Overall, the stance adopted by

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