The Consequences of Brexit on European Union Trademarks: Use in the European Union Remains Relevant Until December 31, 2020

Use in the territory of the European Union remains relevant for the comparable earlier trademark until the end of the transition period, set for December 31, 2020. Beyond that date, only use within the United Kingdom will be relevant.

Opposition of April 11, 2024 O/0331/24

In the context of an opposition, the Examiner of the United Kingdom Intellectual Property Office (UKIPO) reminded of the consequences of Brexit on European Union trademarks.

Indeed, the holder of a European Union trademark or an international registration designating the European Union, registered before January 1, 2021, the end of the transition period, became the holder of a comparable registered and enforceable UK trademark, covering the same sign and the same goods and services.

The European Union trademark is freely and automatically converted into an equivalent UK right within the UK Trademark Register, while retaining the filing date or priority date (if applicable) of the original trademark from which it derives.

Furthermore, it is not subject to revocation on the grounds that the European Union trademark was not put to serious use in the UK before the end of the transition period.

Thus, the use of the trademark in an EU country before December 31, 2020, will be considered as use of the equivalent right in the UK.