How will Brexit affect intellectual property in relation to trademarks and design rights? Brexit
EU unitary trade mark registrations (EUTMs) and registered and unregistered Community design rights would cease to cover the UK post-Brexit.
However, the UK government has recently confirmed that existing EUTMs and Community design rights will continue to be protected in the UK after Brexit.
Owners of EUTMs and registered Community design rights should consider whether it is appropriate to file a UK national right in parallel with their EU protection to provide commercial certainty, even though this may lead to duplicate protection when transitional provisions are clarified. Owners of unregistered Community design rights may wish to consider further protection, such as an application for registration.
It is worth pointing out that applicants for EUTMs and registered Community design rights which are pending at the date of the UK’s exit from the EU will have a period of nine months to refile the application in the UK in order to maintain the priority date of the EU application.