Spotlight on Brexit

Following the decisions of the UK and EU Parliaments to approve the EU Withdrawal Agreement, the UK left the EU at 11pm UK time on 31 January 2020. Businesses are still grappling with the complexities and remaining uncertainties around Brexit but Mewburn Ellis is taking bold but simple steps to help you manage your intellectual property with confidence.

Mewburn Ellis will waive our service fees when re-filing EU trade mark applications as UK trade mark applications. This applies for our existing clients and for new clients. The benefits are clear. Find out more.

We will keep our offer open until the end of the transition period on 31 December 2020. You don't need to do anything now, but do contact us when you're ready for more information. You should do this before the end of November 2020.

Also, to assist those who are interested in obtaining the security offered by UK trade mark rights alongside EUTM protection, we are offering a 50% reduction to our usual service charges for filing a UK trade mark when instructed alongside an EU trade mark. Find out more.

Mewburn Ellis can save you time, money and help provide peace of mind. As a firm, we have always been forward-looking in our approach to IP. For more than 150 years we’ve been finding new ways to help our clients nurture, plan and protect their ideas. We’re delighted to continue this tradition.

We understand that Brexit fatigue may have set in for some, but it's important that our clients are aware of recent developments, and we want to reassure you that your intellectual property (IP) rights remain in safe hands with us.

We have developed our “Navigating the Brexit Landscape” blog series which focuses on what Brexit means for trade marks, patents and designs, to ensure that you are up-to-date with the current situation.

While there have been a few twists and turns along the way, the good news is that the UK government and EU are both committed to a smooth transition for IP rights and related issues. The EU Withdrawal Agreement was ratified by both the UK and the EU Parliaments and at 11pm UK time on 31 January 2020, the UK left the EU. The Agreement provides for a transition period until 31 December 2020 during which there will be no change to the law or practice of the law. EU law will continue to operate as it does now in the UK and the Intellectual Property system will continue as it is until 1 January 2021. As a reminder, the existing European patent system will be unaffected by the UK leaving the EU so no action by patent holders is needed. There are extensive terms in the Withdrawal Agreement that set out the provisions to be applied once the transition period expires and which ensure that the rights of the owners of intellectual property rights are protected.

Of course, there are still a few questions that need answering, and detail to be agreed and our blog series examines the facts that are already clear and discusses the possible outcomes to these unanswered questions.

What does Brexit mean for Trade Marks?

Holders of EU Trade Marks (EUTMs) at the end of the transition period you will be given a fully equivalent UK right at no official cost and no forms will need to be filed. This means that if you own 10 EUTMs, on the day of exit, on the day after you will own 10 UK registrations plus 10 EU registrations (covering the remaining 27 member states). The UK registrations will retain the original filing, priority and seniority dates and the first renewal dates will be the same as the original EU registrations.

Applicants for EUTMs that are pending at the end of the transition period will have 9 months to reapply for the equivalent UK rights. The usual fees and forms will be required, but the original filing, priority and seniority dates will all be retained. To assist with this, Mewburn Ellis is offering to waive our service fees to re-file pending EU trade mark applications. Although applicants will be able to re-file, we recommend that you dual file now, if you wish to be certain that you will obtain a UK registered right by the end of the year.

What does Brexit mean for Designs?

Holders of Registered Community Designs (RCDs) at the end of the transition period will be given a fully equivalent UK right at no official cost and no forms will need to be filed. This means that if you own 10 RCDs on the day of exit, on the day after you will own 10 UK registrations plus 10 EU registrations (covering the remaining 27 member states). The UK registrations will retain the original filing, priority and seniority dates and the first renewal dates will be the same as the original EU registrations. Applicants for RCDs that are pending at the end of the transition period will have 9 months to reapply for the equivalent UK rights. The usual fees and forms will be required, but the original filing, priority and seniority dates will all be retained.

Our consistent advice, which we still consider to be the best course of action, is that in order to protect designs in the EU, it remains appropriate to continue filing design applications at the EUIPO, and that there is no legal necessity for dual filing in the UK at this time.

What does Brexit mean for Patents?

We’re expecting there will be little that’s different after Brexit for patents, because the existing European patent system will be unaffected by the UK leaving the EU.

FAQ's

The UK Government and the EU have agreed a The Withdrawal Agreement which includes provisions for dealing with IP rights. Read our Law and Practice guide on Protecting your IP – post Brexit where we answer some of the key questions around your IP rights based on the provisions in the Withdrawal Agreement and explain what happens as we move past the transition period. Further detail can be found here.