Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, Canadian IP, @CanadianIP, IP
By Sukey Omran
On January 1, 2021, the Brexit transitionary period will end and as a result, European trademarks (“EUTMs”) will no longer cover the United Kingdom (“UK”).
All registered EUTMs, will be cloned into an equivalent UK trademark registration. The UK registration will have the same application date, registration date, registration number (preceded by ‘UK009’), and renewal date as the EUTM registration. However, at the time of renewal, a separate renewal fee will apply to the UK and EUTM registrations.
Brand owners with pending EUTM applications have until September 30, 2021 to convert their application into a UK mark. These Applicants will be able to claim the filing date of the corresponding pending EUTM application.
Opting Out of the Comparable UK Trademark
Trademark owners may choose to opt out of the comparable UK trademark and the mark will be treated as though it had never been applied for or registered under UK Law. Trademark owners may not opt-out if they have used the comparable UK right in the UK. Opt-out requests can be submitted after January 1, 2021.
If you need assistance in understanding the implication of Brexit on European and UK trademarks, or assistance with these foreign filings, contact us at Clancy PC.
Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, IP