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Client Alert: December 2020 Brexit Status and Its Impact on Your Trademark and Design Rights

December 22, 2020

As the deadline for Brexit approaches, it seems unlikely that a further trade deal between the United Kingdom and the European Union will occur. Therefore, existing guidance on United Kingdom and European trademark and design rights continues unchanged and is summarized as follows: 

All existing EU trademark registrations, European Community design registrations, and European Union designations of International (Hague) designs, which are registered before January 1, 2021, will be automatically cloned as UK registrations.  To obtain protection in the UK for any EU trademark applications, Community design applications, or EU designated International design applications, pending as of January 1, 2021, a separate UK application must be filed by September 30, 2021.  Applications for new registrations filed after the January deadline will have to be filed in both the UK and Europe, if protection is desired across both jurisdictions. 

Cantor Colburn's Client Alert, December 2020 Brexit Status and Its Impact on Your Trademark and Design Rights, provides a thorough summary.

After reviewing our comments above, if you still have questions about what Brexit means to you and to your business’s trademark or design rights in the UK and in the EU, please contact Michelle Ciotola for trademark-related questions and Daniel Drexler for design-related questions. 

Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.

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