• Brexit – and how it will affect Intellectual Property Rights

On 1 January 2021 the Brexit transition period for the UK to leave the EU will come to an end. At the end of the transition period the UK officially leaves the EU for the purposes of EU trademarks and EU designs.

What does this mean for your (or your clients)?

European Patents

European patents will be entirely unaffected by Brexit as the EPO is a supranational organization that exists outside of EU law.

European Trademarks & Designs

The UKIPO will automatically clone any EU trademarks and designs that are registered by Brexit day. The cloning procedure will result in an independent and separately renewable UK trademark or design at no cost to the owner of the EU right.

In contrast, EU trademarks and designs that are still pending applications on Brexit day will not be cloned. Instead it will be necessary for applicants that wish to obtain UK protection to re-file the application at the UKIPO.

UK (from EU) Filings (1 January 2021 to 30 September 2021)

Whilst we await confirmation from the UKIPO on the details of UK trademark and design applications that are derived from EU applications we anticipate that the costs will be no greater than for normal new applications.

Representation at the EUIPO

With London IP’s Irish presence you can be assured that all your European trademark and design needs will continue to be catered for post-Brexit.

With our professional links to the European Intellectual Property Office (EUIPO) London IP will continue to take care of your valuable EU trademarks and EU designs and ensure that you obtain the protection across all the territories that you need.

For international companies wanting protection in both the UK and the EU we are ideally placed to offer filing packages.

UK Clones – Free Recordal of Representative

To provide you or your clients with a UK address for service London IP can record itself as representative for UK clones.

There is no charge for London IP to record itself as agent in respect of any clones (or indeed any existing EU trademarks and designs).

To take advantage of this please provide details of the EU trademarks and designs that are to be cloned by email to info@londonip.co.uk

UK Renewals – Trademarks & Designs

London IP is offering the following renewal rates for UK trademarks and designs:

Flat rate for all UK trademark renewals: £150 (regardless of the number of classes)

Flat rate for UK design renewals: £150 for first design plus £15 for each design renewed at the same time

If you have any questions or if your clients require any assistance please do not hesitate to contact us.

Contact us by telephone +44 (0) 208 158 5960 or email info@londonip.co.uk