The Brexit transition period ended on 31 December 2020. On 1 January 2021, registered EU trade mark and design rights were automatically cloned so they continue to remain in force in the UK. However, pending rights were not transferred automatically and rights can only be maintained by reapplying for the EU application as a UK application at the UKIPO. European patents and applications were not affected by the ending of the transition period.
Patents
The European Patent Convention (EPC) is not based on or governed by EU law, therefore UK departure from the EU did not affect the well-established system to grant European patents as the UK has remained a member of the EPC. There are several countries, such as Norway, which are members of the EPC but are not members of the EU. All of our European Patent Attorneys continue to be able to act as Professional Representatives before the EPO, and European patents will continue to be enforced by national courts under national law, as has been the case for many years. In summary, there is no change to the current systems for UK, International and European patent applications or patents.
EU Trade Mark Applications and Registrations
UK companies can still file and own EUTMs, however EUTMs no longer extend to the UK. EUTMs that were registered at the end of the transition period have be “cloned” automatically to equivalent UK national trade marks which benefit from the EU filing date.
EUTM applications that were still pending at the end of the transition period will not be lost in the UK if the applicant selects the option to refile in the UK up to nine months after the end of the transition period and keep the original filing date of the EUTM application. There is a cost associated with the refiling and the trade mark application will have to go through the UK examination process just like a normal UK trade mark application.
Now that the transition period has ended, a separate UK trade mark application will need to be filed for new trade marks requiring protection in the UK.
Clients using EUTMs in commerce in the UK only should be aware that such use is no longer sufficient to maintain an EUTM registration.
We are well placed to continue to advise and provide assistance on all aspects of UK and EU trade marks.
Registered Community Designs
Similarly to above for EUTMs, UK companies can file and own Registered Community Designs (RCDs), however RCDs no longer extend to the UK. RCDs that were already registered at the end of the transition period have been “cloned” automatically to equivalent UK national registered designs.
Applicants which had pending RCDs at the end of the transition period will be able to apply to register a UK design retaining the original filing date up to nine months after the end of the transition period.
Now that the transition period has ended, UK design applications will need to be filed for new designs requiring protection in the UK.
We are well placed to continue to advise and provide assistance relating to all aspects of UK and EU registered designs.
Litigation after Brexit
The UK courts continue to have jurisdiction with regard to all UK Intellectual Property rights. UK patents, European patents validated in the UK, “cloned” EUTMs and RCDs and direct UK trade marks and designs will continue to be covered by the UK courts for litigation.
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