We provide you with updates to the protection of trade marks, plant variety rights, and designs in Europe and the United Kingdom post-Brexit (the withdrawal of the United Kingdom from the European Union), which becomes effective from 23:00 on 31 December 2020.

Post-Brexit protection of your trade marks in Europe

DCC will continue to manage existing European trade mark registrations (EUTMs) and similar registrations obtained under the Madrid Protocol International registration system (IR-Europe).

The key points are:

  1. If the trade mark is registered as a EUTM or IR-Europe, then you will automatically obtain an equivalent UK "cloned" trade mark registration, to protect your trade mark in the United Kingdom (the new UK cloned registration).
  2. If your trade mark is registered as an IR-Europe, the new UK cloned registration will be separate to the Madrid Protocol International registration system (including its renewal).
  3. Any pending EUTM or IR-Europe that is not registered by 31 December 2020 can be extended into a new UK Application up until 30 September 2021. We will contact you about any pending applications you may have, as your application progresses in 2021.
  4. All EUTMs and IR-Europes for which DCC is responsible will have an address for service in Europe.

Post-Brexit protection of your Designs in Europe

DCC will continue to manage existing European design applications and registrations.

The key points are:

  1. If the design is registered in Europe then you will automatically obtain an equivalent UK "cloned" design registration, to protect your design in the United Kingdom. We will ensure that there is a United Kingdom address for service on record at the UK Intellectual Property Office.
  2. Any pending European design application that is not registered by 31 December 2020 can be extended to cover the United Kingdom by filing a new UK design application that is equivalent to the existing European application, up until 30 September 2021. We will contact you about any pending applications you may have.

Post-Brexit protection of your Plant Variety Rights in Europe

DCC will continue to manage existing European Plant Variety Rights (PVR) applications and registrations.

The key points are:

  1. If the PVR is registered in Europe then you will automatically obtain an equivalent UK "cloned" PVR registration, to protect your plant variety in the United Kingdom. We will ensure that there is a United Kingdom address for service on record at the UK Intellectual Property Office.
  2. Any pending European PVR application that is not registered by 31 December 2020 can be extended to cover the United Kingdom by filing a new UK PVR application that is equivalent to the existing European application, up until 30 September 2021. We will contact you about any pending applications you may have.

What happens next?

We will provide you with any new information which you may require, to update your records.

The following links to the UK Government website provide more detail regarding the administration and management of your IP and Brexit. We are, of course, happy to answer any questions you may have.

Address for Service notes:

https://www.gov.uk/guidance/address-for-service-for-intellectual-property-rights-from-1-january-2021

General EUTM Protection in the UK:

https://www.gov.uk/guidance/eu-trademark-protection-and-comparable-uk-trademarks

Changes from 1 January 2021:

https://www.gov.uk/guidance/changes-to-eu-and-international-designs-and-trade-mark-protection-after-the-transition-period

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.