Spotlight on Brexit

Even though we can now assume we will leave the EU on 31 January 2020, businesses are still grappling with the complexities and remaining uncertainties around Brexit. Mewburn Ellis is taking bold but simple steps to help you manage your intellectual property with confidence.

When we leave the EU, Mewburn Ellis will waive our service fees when re-filing existing and new clients’ pending EU trade mark applications into UK trade mark applications. The benefits are clear. Find out more here.

We will keep our offer open until the end of the transitional period an 31 December 2020. You don't need to do anything now other than register your interest in this offer by clicking here.

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 all current situations. We will be providing regular updates as more information becomes available.

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, and many issues have been provisionally agreed between the UK and EU. The UK government is also preparing in the event that no agreement is in place - the UK has passed legislation to ensure EU legislation is incorporated into UK law, and that existing rights are respected.

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?

The UK government and EU set out their agreed position on many of the issues related to intellectual property rights in the Draft Withdrawal Agreement. The UK government has also published papers explaining the approach in the event no agreement can be reached which now seems unlikely. Our consistent advice, which we still consider to be the best course of action, is that in order to protect brands in the EU, it remains appropriate to continue filing trade mark applications at the EUIPO, and that there is no legal necessity for dual filing in the UK.

What does Brexit mean for Designs?

The UK government and EU set out their agreed position on many of the issues related to intellectual property rights in the Draft Withdrawal Agreement. The UK government has also published papers explaining the approach in the event no agreement can be reached. Our consistent advice, which we still consider to be the best course of action, is that in order to protect brands 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. Recent publications by the UK government promise the introduction of a new UK supplementary Unregistered Design Right.

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. While no action is needed immediately, it’s important to consider the potential impact of the planned opening of the Unified Patent Court.