There is still no clarity about the exact details of the Brexit. In any case, it is important to be informed about the possible consequences in respect of trademarks and designs currently residing under the EU system. According to the British government, the following is applicable to the worst case scenario, i.e. the scenario of the so-called hard, no-deal Brexit:
– A British right will automatically be granted to holders of EU trademarks and Community designs. Anyone who does not want to receive such a right is allowed to opt out. Such a new British right will be subject to the payment of renewal fees, separate from the original EU right.
– There are no provisions when it comes to pending EU applications. Applicants will need to file a British application of their own volition and pay the costs involved. After the Brexit, this can be done during a period of nine months.
Needless to say that we follow the news and will provide our clients with appropriate advice as soon as the Brexit will actually take place. We will take any action necessary for enabling a smooth continuation of rights.