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Brexit transition new rules for 2021

Author: CHISPO

Date: 2020-11-13

 

The transition period ends on 31 December 2020. On 1 January 2021 there will be changes to UK intellectual property law to ensure the smooth departure from EU IP systems.
The following is a summary of the key changes.


Trade Marks
Comparable UK trade mark and Design rights will be created at the end of the transition period under the terms of the Withdrawal Agreement.
On 1 January 2021, The IPO will create a comparable UK trade mark for every registered EU trade mark (EUTM). Each of these UK rights will:
·be recorded on the UK trade mark register
·have the same legal status as if you had applied for and registered it under UK law
·keep the original EUTM filing date
·keep the original priority or UK seniority dates
·be a fully independent UK trade mark that can be challenged, assigned, licensed or renewed separately from the original EUTM
You will not:
·need to file an application for this right or pay an application fee. There will be as little administration involved as possible
·receive a UK registration certificate, but you will be able to access details about the trade mark on GOV.UK and can take a screen shot from there as evidence of your right.
Businesses, organisations or individuals that have applications for EUTMs which are not registered at the end of the transition period will have a period of nine months to apply in the UK for the same protection. In this case, UK application fees will be payable, and the application will be subject to UK examination and publication requirements.
Our digital and paper forms will be amended to include a new section for claiming the earlier filing date of the corresponding EUTM application.
For information on renewals, opt out process and numbering as well as more detail on subjects covered in this section please refer to our business guidance
EU trade mark protection and comparable UK trade marks from 1 January 2021
Creation of the re-registered international design
Please see section below on Geographical Indications for details on this IP right and the relationship with trade marks.

 

 

 

 

                                                                                                                                                                                                                                                                                                            Source:http://www.gov.uk.com/