Young Basile’s international trademark experience and knowledge provides cost effective and complete trademark strategies for guiding clients through Brexit.
The United Kingdom (UK) is officially separating from the European Union (EU) in what has been dubbed “Brexit.” Brexit will create changes to trademark protection in the UK and the EU.
Effective January 1, 2021, EU trademark registrations will no longer cover the UK, and pending EU trademark applications will no longer include the UK. Young Basile’s experienced practitioners can guide its client’s through the options of maintaining UK and EU trademark protection through Brexit for existing EU trademark registrations and applications.
Existing Registrations
All EU trademark registrations existing as of December 31, 2020 will automatically be issued a separate “Corresponding UK Registration” (CUKR). Each CUKR will automatically be created without any request or official filing fees.
Each CUKR will mirror the filing particulars and maintenance schedule of the EU trademark registration from which it is derived. A CUKR will be issued regardless of whether the CUKR derives from a direct filing with the EU or from a Madrid Protocol designation at the International Bureau.
Pending Applications
All EU trademark applications that have yet to mature to registration by December 31, 2020, will require the filing of a separate, “Corresponding UK Application” (CUKA) before a non-extendible deadline of September 30, 2021 in order to secure registered rights in the UK.
If timely filed, each CUKA will maintain the priority filing date of the EU trademark application from which it derives. However, each CUKA will require new trademark application fees and undergo separate examination by the UK Intellectual Property Office (UKIPO).
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We at Young Basile are here to serve you during the Brexit transition. Please contact one of our Trademark Experts with any questions concerning full protection of trademarks during the Brexit transition.