Spotlight on

Brexit

We are here to navigate the Brexit landscape with you and make sure you are aware of the changes introduced since the UK left the EU at 11pm UK time on 31 December 2020.

Businesses are still grappling with the complexities and remaining uncertainties around the impact of Brexit but Mewburn Ellis is ready to help you manage your intellectual property with confidence, despite the changes introduced since 1^st January 2021.

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.

Watch our webinar

View our webinar recording which gives an overview of the impact Brexit had on existing EU trade mark rights, both EUTMs and EU designations of International Registrations, outlining how protection for brand owners was maintained in the UK. It discusses some nuances between the two kinds of rights and how the approach differed between granted and pending marks, before considering various related topics including representation and ongoing proceedings. It also covers what Brexit meant for designs and patents. Access our Brexit webinar recording.

Navigating the Brexit Landscape

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 developed our “Navigating the Brexit Landscape” blog series which focused on what Brexit meant for trade marks, patents and designs, and we are keeping these on ur website for the foreseeable future in case they are of interest.

Read our Brexit Blogs

Meet The Team: Rebecca Anderson-Smith, Partner, Chartered Trade Mark Attorney

As part of our 'meet the team' series, we talk to partner, Rebecca Anderson-Smith about how she set her heart on a career as a trade mark attorney from a young age, the latest developments in ...

Consequences of Brexit on trademarks and designs

Just over six years ago, the United Kingdom voted to exit the European Union. With most of the provisions affecting the protection and enforcement of Intellectual Property settled, now is a good time ...

Maximising the value of design rights

From SMEs to multinationals, from car manufacturers to fashion houses, the value of design rights are being recognised as a cost-effective and powerful intellectual property (IP) asset. Both UK ...

Signs of quality – EU and UK geographical indication (GI) logos

A geographical indication (GI) is a form of intellectually property right that protects food, drink and agricultural products originating from a specific region, often with particular methods of ...

Brexit trade mark refilings - was 30 September 2021 really the final deadline?

For most EU trade mark owners, 30 September 2021 was the final day to refile EU trade mark applications in the UK and still keep the earlier filing and priority dates of the EU application. Of ...

Missed the 30 September 2021 deadline for refiling RCDs pending at 31 December 2020 in the UK – there may be a solution!

As widely discussed, 30 September 2021 was the deadline for refiling Registered Community Design (RCD) applications (whether direct or via the Hague system) which were pending at 31 December 2020.

Brexit IP Advice Summary

What does Brexit mean for Trade Marks?

Holders of EU Trade Marks (EUTMs) at the end of the transition period were given a fully equivalent UK right at no official cost. This means that if you owned 10 EUTMs, on the day of exit, on the day after you owned 10 UK registrations plus 10 EU registrations (covering the remaining 27 member states). The UK registrations retained 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 were pending at the end of the transition period had until 30^th September 2021 to reapply for the equivalent UK rights. Again, the original filing, priority and seniority dates were all retained for these applications.

What does Brexit mean for Designs?

Holders of Registered Community Designs (RCDs) at the end of the transition period were given a fully equivalent UK right at no official cost. This means that if you owned 10 RCDs on the day of exit, on the day after you owned 10 UK registrations plus 10 EU registrations (covering the remaining 27 member states). The UK registrations retained 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 were pending at the end of the transition period had until 30^th September 2021 to reapply for the equivalent UK rights. Again, the original filing, priority and seniority dates will all be retained.

What does Brexit mean for Patents?

Little has changed after Brexit for patents because the existing European patent system was unaffected by the UK leaving the EU.

Talk to our Brexit Specialists

Robert Watson

Partner, Patent Attorney

Andy King

Partner, Chartered Trade Mark Attorney, Head of Trade Marks

Kate O'Rourke

Of Counsel, Chartered Trade Mark Attorney, Solicitor

Mewburn Ellis

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Mewburn Ellis Forward is a biannual publication that celebrates the best of innovation and exploration. Through its pages we hope to inform and entertain, but also to encourage discussion about the most compelling developments taking place in the scientific and entrepreneurial world. Along the way, we’ll engage with the IP challenges that international organisations face every day.

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