Attention EU Trade Mark Holders! Here's What Brexit Means for Your Brands

Hey there, savvy brand owners!  Got an EU Trade Mark (EUTM) from before Brexit? Wondering what’s changed? Let's break it down into bite-sized chunks that are easy to digest! 

Since January 1, 2021, your shiny EUTM no longer protects your brand in the UK. But don’t panic! The UK Intellectual Property Office (IPO) has got your back. They automatically created a UK version of your trade mark, called a "comparable UK trade mark." No action needed on your part!

1. Automatic Upgrade: Your UK trade mark was created automatically on January 1, 2021.
2. No Extra Cost: It didn’t cost you a penny. 
3. Same Dates: It keeps the same filing date and priority dates as your EUTM.
4. Independent: It’s now a separate entity from your EUTM. You can challenge, assign, license, or renew it independently. 

If your EUTM application was still in the works on January 1, 2021, you had until September 30, 2021, to apply for a UK trade mark and keep the same filing date. This was a one-time offer, like a limited-edition deal!

If your EUTM was facing cancellation proceedings before Brexit, and it gets canceled, your UK trade mark will also be canceled. But, if the grounds for cancellation don’t apply in the UK, you can keep your UK trade mark. Sweet, right?

Used your EUTM in the EU before January 1, 2021? That counts as use for your UK trade mark too! But any use in the EU after this date doesn’t count for the UK. So, make sure your brand keeps shining in the UK!

Don’t need the UK trade mark? You can opt out of it, but only if you haven’t used it or made agreements based on it. Just send a notice to the IPO, and you're good to go.

You’ll need to renew your UK and EU trade marks separately now. The IPO will send you reminders six months before your UK trade mark expires. Stay on top of those dates to keep your protection active!

The IPO extended the period for recording licenses and security interests related to your comparable UK trade mark. They also ensured that if your EUTM gets reinstated, you can still claim your UK trade mark. Talk about having your back!

• Automatic UK Trade Mark: Created on January 1, 2021.
• Same Filing Date: Keeps original EUTM dates.
• Independent and Free: No cost, no fuss!
• Use Counts: EU use before January 1, 2021, is valid for the UK.
• Renew Separately: Handle UK and EU renewals independently.

Do you need assistance with renewing or cancelling a UK Trademark? Do not hesitate to contact us. We are here to help!

(Photo: https://upload.wikimedia.org/wikipedia/commons/2/29/Brexit_%2846569184374%29.jpg)