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Home REGISTERING A TRADEMARK REGISTERING A TRADEMARK IN EUROPE The impact of Brexit on trademark rights and copyrights starting from January 1, 2021

The impact of Brexit on trademark rights and copyrights starting from January 1, 2021

by Redazione / Tuesday, 10 November 2020 / Published in REGISTERING A TRADEMARK, REGISTERING A TRADEMARK IN EUROPE

On 28 October 2020, the United Kingdom Intellectual Property Office (UKIPO) published some important information on the situation from 1 January 2021, when will end the transition period – during which EU laws continued to apply – and the UK’s exit from the European Union will become “more real”.

What are the consequences in the field of intellectual property protection?

Brexit, trademarks and copyright: changes from 1 January 2021

Brexit and European Union trademarks already registered: what will happen

On January 1, 2021 the United Kingdom Intellectual Property Office will create comparable UK trademarks for European Union trademarks that have already been registered in that date.

Each of these UK trademarks comparable to registered EUTMs will:

  • be recorded on the UK Trademark Register;
  • have the same legal status as if you had applied for and registered it under UK law;
  • keep the same filing date as the original European Union trademark;
  • be a UK trademark totally independent from its corresponding European Union trademark, namely it can be sold, licensed, renewed or challenged separately from its corresponding EU trademark

Brexit and European Union trademarks already registered: what will be necessary to do

UK trademarks, corresponding to the European Union trademarks, will be automatically created by the United Kingdom Intellectual Property Office, without the need to submit any application or to pay conversion fees.

No UK trademark certificate of registration will be issued, but it will be possible to check the status of UK trademark by logging onto the GOV.UK website and taking a screenshot as proof of your right.

Brexit and European Union trademarks filed but not registered yet at the date of 31 December 2020: what will happen

EU trademark owners will have a period of nine months to apply in the UK for the same protection, but in this case it will be necessary to pay UK applications fees and the application will be subject to UK examination.

Brexit and Registered International Trademarks designating European Union

On 1 January 2021 the UK Intellectual Property Office will create comparable UK trademarks for every international trademark (designating EU) at the date of 31 December 2020.

Brexit and International trademarks (designating EU), filed but not registered yet on 31 December 2020

Where, within the date of 31 December 2020, an application of international trademark (designating EU) has been filed but not registered, its owner will have a period of nine months to apply for the same right as a UK trademark. In this case it will be necessary to pay UK applications fees and the application will be subject to UK examination

Brexit and Copyright

The United Kingdom continues partecipating in the international treaties on copyright.

Most works protected in the United Kingdom by copyright (such as books, films and music) will continue to be protected by copyright in the European Union and vice versa.

The protection is related both to the works created before and for those created after 1 January, 2021.

However, cross-border copyrights arrangements unique to EU member States will stop for UK at the end of transition period.

Do you want to register an UK trademark? Contact us!

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Eva Troiani

Eva Troiani (Attorney At Law)

Eva Troiani has been working for over 20 years dealing with all aspects of the trademark: from trademark application to trademark registration worldwide, providing assistance in the event of disputes; she proposes an extensive legal advice to companies and professionals. She is the author of all the articles in this website “registrare-marchio.com”, a project created with the aim of providing useful and updated information on the trademark’s world to all readers. You can follow the lawyer Eva Troiani also on her Linkedin profile.

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The texts in this database are only for informational and scientific purposes and they are not to be considered official; we therefore decline any responsibility for possible errors or inaccuracies. All mentioned trademarks belong to their legitimate owners; trademarks, product names, trade names and the images of the products are the property of their respective owners. They are used in this database only for informational purposes, without any purpose of violating existing rights of others.
The information you obtained at this site is not, nor is intended to be, legal advice. You should consult Ms. Eva Troiani and/or a trademark attorney and/or an attorney at law handling with intellectual property for individual advice regarding any legal questions that you may have.

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  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
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