What consequences does the Brexit have for holders of European trademarks? This was unclear for a long time, but the UK and the European Commission reached an agreement on this point yesterday. In any case, there will be a transitional period until 31 December 2020. During this period, the UK is still part of the EU and so there is nothing to worry about for European trademark holders.
After this period, a European trademark will not cover the UK anymore. However, a registered trademark for the UK will replace this gap. Also important, this trademark will not have to be assessed first by the UK IPO. So, a trademark owner will have the European trademark in one hand and an separate registered trademark for the UK in the other.
This is good news for European trademark owners, as a further assessment or even opposition period would have caused uncertainty. Of course, many practical questions have to be answered (what about current applications, current oppositions, etc.). Nevertheless, the agreement is reassuring.
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“Trademark protection gives freedom to do business.”