Impact of the UK’s withdrawal from the EUTMs and RCDs

In accordance with the Withdrawal Agreement, the UK left the EU on 1 February 2020.

However, the Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.

The expiry of the transition period for BREXIT on December 31, 2020 will lead to a number of new rules which are expected to enter into force from January 1, 2021.

As regards the situation as from 1 January 2021, the EU Commission and the EUIPO have published on 18 June 2020 an updated Notice to Stakeholders, which may be found on the following link:https://ec.europa.eu/info/publications/trade-marks-and-designs.

Further information concerning the consequences of the expiry of the ‘Brexit transition period’ upon EUIPO’s practice in trade mark and design matters will follow in due course on EUIPO’s ‘Brexit Website’: https://euipo.europa.eu/ohimportal/en/brexit-q-and-a . The EUIPO, which is coordinating this work with the EU Commission, hopes to provide that information in the course of the summer.