Brexit and trademark law: what are the consequences?

That's it, it's decided, the British are getting out of the European Union. This decision is going to bring changes in Europe on many, many levels, and industrial property is not spared.

What are the consequences for brands?

Trademarks that had been filed directly with the UK Office, either through a national application or an international trademark application, will of course remain in place. The rights of their owners will continue to run as if nothing had happened. The real question for European brands These brands cover, with a single title, the entire European Union, including the United Kingdom. With the exit of the EU, the question of the validity of the trademarks already filed or registered arises: the applicants had, in good faith, filed their trademark in the EU so that it would also produce its effects on the British territory. It would therefore be very unfair to deprive them of rights in the UK for Brexit issues. But it is quite clear that steps will be taken: English and European lawyers are already working on a transitional phase, which will undoubtedly allow European trademarks to become national trademarks in the United Kingdom. After all, this conversion procedure already exists, it only needs to be adapted to this particular case. The only real unknown is under what conditions and at what price trademark owners will be able to obtain the maintenance of their trademark in the United Kingdom.

Is it now necessary to register a national trademark in the United Kingdom?

The United Kingdom, until its final exit (which will take several years), continues to be part of the Union. As such, European trademarks continue to apply in the United Kingdom until that date. The new European trademarks are no exception and will also apply in the UK. In due course, if you are interested in this territory, you will have to follow the instructions for the maintenance of protection which will certainly be communicated to us by the competent authorities. If, however, you are only filing a European trademark because you are interested in the UK (the procedure is simpler at European level), then it would probably be better to file directly in the UK through the national route, which will avoid future conversion costs. Unfortunately, it is unlikely that the British will reward us with a free conversion.