European Union Trademarks – Great Britain, United Kingdom, England, Ireland

According to a notice of the European Commission (Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs) of 22 January 2018, EU trade marks and EU designs (“registered Community designs”) registered before the withdrawal date, (= before 30.3.2019), will continue to be valid in the remaining EU27 Member States, but not any more in the United Kingdom.

Applications filed before this date will no longer be valid in the UK thereafter. All rights of the EUIPO will then only affect the remaining 27 EU member states.

Any rights relating to seniority relating to EU trade marks will cease to apply as of the withdrawal date.

Owners of internationally extended EU trademarks and/or designs, which have been extended to other countries (Madrid system for the international registration of marks respectively the Hague system for the international deposit of industrial designs), should be aware that these apply only to the 27 remaining states. The United Kingdom is thus no longer included in the scope of protection, as it will become a third country.

The EU Commission points out that owners of EU trademarks or EU designs should prepare for Brexit and cannot rest assured that regulatory steps by public authorities will occur.

According to the EU Commission’s notice, it should be kept in mind that companies and persons having their registered office in the UK only will have to be represented before the European Union Intellectual Property Office and therefore need a representative in accordance with Art. 120 (1) of Regulation (EU) 2017/1001 (concerning trademarks) and Art 78 (1) of Regulation (EC) No. 6/2002 (concerning Community designs) for all proceedings except for the filing of a trade mark or design. We as lawyers in Wels can assist you with such tasks.

Dr. Christopher Straberger has been admitted to the EUIPO (European Union Intellectual Property Office) for many years as a European Trademark and Design Attorney