The United Kingdom will leave the European Union on January 31st, 2020. Even though, for now, all Intellectual Property rights protected in that country through UE trademarks will remain unchanged until the end of the transition period, i.e. December 31st, 2020. It will be important to take it into account in order to carry out protection measures to ensure that these rights are maintained.
Below are some key points that may be of interest:
1) Registration. Trademark holders or owners who obtained such registrations and have been or will be published before the end of the transition period will be given an equivalent registration automatically. The same will apply for trademarks applied under the Madrid Protocol.
2) Procedures. Those trademarks or designs that are not published before the end of the transition period will have a period of nine (9) months after December 31st, 2020, to file the respective applications within the United Kingdom Trademark Office.
The filing and priority dates of the original applications filed with the EUIPO Office will be respected in these new applications.
3) Evidence of use. It has been agreed that in terms of evidence of use, those uses made within the United Kingdom or in the European Union will serve to support the validity of the use of the registrations; however, within five (5) years, these evidence will lose value and those evidence generated within the corresponding territory will gain more value, as it will depend on the Trade Treaty to be agreed. For this reason, it is recommended to analyze the filing of trademarks before the United Kingdom Trademark Office or before the European Union Trademark Office, in order to reinforce the protection of the rights.