Brexit | Our Continued Full Service To You

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 Brexit | Our Continued Full Service To You

The UK is set to leave the European Union as of the 31 st January 2020. With the Withdrawal Agreement Bill (WAB) now ratified, there will be a transition period until the 31 st December 2020. During this transition period, EU law still applies in the UK and all registered and pending EU trade marks and designs will still provide protection in the UK.

By the end of the transition period, registered EU trade marks and designs will be split into EU and UK rights and the UK Intellectual Property Office (UK IPO) has confirmed that a new, comparable UK trade mark or design registration will be created automatically in respect of each registered EU trade mark or design so that there will then be a UK right enforceable in the UK and a corresponding registered EU trade mark and design right which will continue to be enforceable in the remaining EU Member States.

Through our sister companies Bailey Walsh & Co LLP and Bailey Walsh Europe Limited we will provide continuity of a full service to you in relation to IP rights in UK and the EU after the transition period.

Details

Any existing UK registered trade marks and designs will remain unaffected by the creation of the new UK registrations.

There will be no fee incurred in the creation of the new, comparable UK trademarks or design registrations, which originate from the existing EU trademark and design rights and there will also be no new registration certificate issued. However, new numbers will be provided for the new rights: the newly created UK trade mark will have the same number as the original EU trade mark but with a prefix of “UK009”; the newly created UK design registration will have the same number as the original EU design registration but will be given a prefix of “9”.

Once the new comparable UK trade marks and designs have been created, separate renewal fees will apply, one for each new comparable UK trade mark and design and one for the existing EU registered trade mark and design. We will advise you of when the renewal fees are due in the normal manner for both the UK and the EU registered trade marks and designs.

We will write to each registered EU trade mark and design owner or their representative confirming the new UK trade mark and design numbers when they have been allocated by the UK IPO. We will also provide you with details of how to opt OUT of the new UK trade mark or design should you choose not to hold the new right. If you do choose to opt OUT, the new automatically created comparable UK trade mark or design will be treated as if it had never been applied for or registered under UK law.

It would be advisable for those seeking to obtain registered trade mark or design protection across the EU, including the UK, to consider filing EU applications as soon as possible in order to provide the best possibility of obtaining registration before the end of the transition period and therefore benefit from the automatic splitting of the EU registration.

Protection of Patents

European patents and applications are subject to examination and grant by the European Patent Organisation (EPO) and are governed by the European Patent Convention (EPC). These are entirely separate from the EU. As such, our service to you and the European patent system will be unaffected by Brexit.

If you have any questions or would like further information regarding any of the above, please do not hesitate to contact one of our advisers, either by email at mail@bailey-walsh.com or by telephone on +44 (0)113 243 3824.

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