Withdrawal Agreement Trade Marks

A priority date invoked under the Paris Concorde, established against the corresponding Union mark, is inherited from the similar brand of the United Kingdom. If EU rights are reintroduced after 1 January 2021 and the holder informs the IPO, we will create a similar British brand. The similar brand (EU) will receive product/service information from the English version of the corresponding EU brand. The practice: if only one trademark is used in the UK and not in the rest of the EU, the existing mark would become vulnerable to the removal of the unused mark and vice versa to the similar mark (EU) in five years, if it is only used in the other 27 EU countries. Consideration should therefore be given to extending rights safeguarding operations. When an EU trademark renewal date has been made after 1 January 2021, the advance payment of the annual tax to EUIPO before 1 January 2021 does not affect the UK`s similar brand. At the end of the transition period, we will create comparable UK trademarks for all UNION trademarks registered on 31 December 2020. These include EU trademarks subject to cancellation proceedings. While the rules are comprehensive, there are many detail issues to consider, as in all jurisdictions, and trademark holders may act on some of these provisions by December 31, 2020, depending on their specific requirements. DLA Piper will soon publish a full explanatory document for trademark holders regarding these details. In the event of a late extension of the EU trademark, the extension also affects the similar British mark that has expired. After 31 December 2020, customers who wish to have protection in both the UK and the EU will need to double their declaration in both jurisdictions.

We will also have the opportunity to submit EUTM to EUIPO through our French company J A Kemp France SNC and to file British trademark applications with UKIPO via J A Kemp LLP.

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