The UK has now left the EU. Rest assured that Abel + Imray will continue to act in respect of all Trade Mark and Registered Design matters before both the EU Intellectual Property office (EUIPO), from our Spanish office, and the UK Intellectual Property Office (UKIPO). Abel + Imray will also continue to act in respect of all Patent matters before both the European Patent Office (EPO) and the UKIPO.
(Please see our handy guides for further details)
The most important message is that no rights will be lost as a result of Brexit.
The holders of EUTM and RCD applications (or unpublished RCD registrations) which are pending or unpublished at the end of the transitional period will have a nine-month period (i.e. until 1 October 2021) in which to file corresponding UK applications for the same marks and designs. Those new UK applications will accorded the same filing date and, where appropriate, the same priority date as the original EUTM or RCD. Following recent changes in legislation, those new UK applications will require a UK address for service. For further details please see our Guidance on Address For Service Changes download.
"From the 1 January 2021 onwards it will be necessary to seek protection in the UK for trade marks and designs separately from the EU."
The primary functions of the UKIPO of registering UK designs and trade marks, and granting UK patents, will continue unchanged.
The EPO is not an EU institution, and the prosecution and opposition of European patents and patent applications at the EPO will not change.
The rights of representation at the EPO of UK-based European Patent Attorneys will remain the same and it will continue to be possible to designate the UK on European Patents in the same way as for other non-EU EPC-contracting states, such as Norway and Switzerland. Abel + Imray have had a presence in Munich for over 35 years, and we will continue to represent clients before the EPO in our usual way.
For a more detailed look at the Unitary Patent System and Unified Patent Court please see our UPC page.
Supplementary Protection Certificates (SPCs) are important rights in the pharmaceutical and plant protection industries. SPCs are national rights that exist separately for each EU state. It is expected that the UK SPC regime will continue with little or no change of substance, though the link with the CJEU (the highest appeal court for SPC matters) will change.
If you have any queries relating to this topic, get in touch by sending an e-mail to brexit@abelimray.com or to your normal contact at the firm. We are here to assist you in respect of all of your IP needs in the UK and across the EU both now and in the future.
