The withdrawal agreement bill has now been finalised, passed all stages of UK parliament and given royal assent. Accordingly, there is now a European Union (Withdrawal Agreement) Act 2020 as of Thursday 23 January 2020. The next stage is for the European parliament to approve the deal. Assuming they do so, the UK will be leaving the EU on 31 January 2020.
As previously reported, the European Union (Withdrawal Agreement) Act 2020 allows for a transitional period. This means that the UK will be bound by EU rules, despite having left the EU, until the expiry of the transitional period, currently set to 31 December 2020.
What does this mean for your trade marks and designs?
Firstly, it is business as usual at Kemp Little - we will still continue to deal with EU trade marks and designs.
Secondly, it is business as usual for EU trade marks and designs at least until the expiry of the transitional period.
After the transitional period ends, registered EUTMs and RCDs will be automatically cloned on to the UK Register. For EUTM and EU design applications, these will need to be re-filed in the UK if you wish to maintain protection in the UK. However, there will be a nine month period in which you can do so and date back rights to the original EUTM and EU design application. There is a slight difference with EU designations of International Registrations. Registered EU designations will be cloned on to the UK Register as a national UK trade mark, not a UK designation. For EU designations that have not yet registered, these can be converted to a UK national application within nine months, as with EUTM and EU design applications.
Please do not hesitate to contact Kemp Little if you have any Brexit related queries.
The royal assent for the bill means the UK is set to leave the EU on 31 January, as long as the European parliament approves the deal as well.