Brexit has changed many things across the United Kingdom and Europe since 1 January 2021.
However, the most confusing adaptations have been made to trademark registration and design laws. Typical, right?
So, if you have been pawing through the government website and other legal entities feeling like you want to cry, you’ve found the right page. We’re going to go through the 6 biggest changes in plain English so you can get to the crux of the matter and skip the legal jargon.
Ready to get into the details? We know it feels daunting, but stick with us. Let’s dive in!
1. Registered Community Designs and Unregistered Community Designs Aren’t UK Valid
As soon as 1 January 2021 rolled around, those of you with RCDs (registered Community designs) and UCDs (unregistered community designs) saw your UK validity vanish. Happy New Year.
It was at this point that things got “serious”. Suddenly, your RCD and UCD only covered the member states of the European Union.
However, it’s not all doom and gloom.
You weren’t just slung off the deep end. Instead, UK rights immediately replaced them. Don’t worry, you didn’t have to do anything here. It was an automatic process!
But wait, there’s more.
2. Pre-Brexit European Union Trademark Aren’t Protected in The United Kingdom
European Union Trade Marks or EUTMs for short no longer matter in the United Kingdom. Just like the RCDs and UCDs we talked about earlier, the UK doesn’t see them as protected or cover.
Having said this, the UK government did enact the same “automatic UK rights” regulation. So, it’s not too bad.
3. Automatic UK Comparable Trademark For Qualifiable Trademarks
Since the UK trademark register is now entirely different from the European Union’s, the Withdrawal Agreement stated that the UK would form comparable trademarks. This ensures that those of you who had EU trade marks already would immediately be covered by the formation of the IR (UK comparable trademark).
The rights under these trademarks would mean that the product or company would be treated as though they applied and registered in the UK.
Although, it’s worth noting that you will still hold a separate UK trademark in this post-Brexit landscape.
4. The New Numbering System of Re-Registered Design and Trademarks
The international EU trademarks hold an existing number that has (helpfully) stayed the same after this somewhat confusing Brexit change.
However, the new comparable trademark made by the United Kingdom will have a separate number.
This will include the last 8 numbers of your international EU trademark but with “UK008” preceding it. For example, if your current EU number is 000340513, your new comparable UK trademark is UK00800340513.
Thankfully, it’s not entirely different. Otherwise, the trademark register would be a shambles!
Okay, we’re almost there, just two more major changes to go and we’ve covered the most important stuff.
5. The Opt Out of UK Comparable Trademark Service
We have talked a lot about the new comparable UK trademark. However, it isn’t something you must go along with.
For those of you who don’t want to hold this new right, you can use the opt out service. How do you do that? Let’s have a look.
All you need to do is send a short notice that details the people with a registered interest in the right and the EU registered trademark.
Once this notice is approved, it will be as though you never applied or registered under the new, post-Brexit UK law.
6. The Final Major Change — Trademark Seniority Changes
The last major change — are you ready?
Seniority is something that comes straight from the EU rulebook. However, since the implementation of UK comparable trademarks, it will apply to these too.
This may seem unnecessary. But in reality, it’s helpful It means you can consolidate all your registered trademarks into one. Allowing you to see the effective dates and all existing priority and seniority dates in one place.
There You Have It!
While Brexit has changed businesses in so many other ways, these are the most important ones in trademark registration.
