Impact of the UK’s withdrawal from the EU
EUTMs and RCDs: updated information
Updated 18 June 2020
However, the Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.
This continued application of the EUTM Regulations and the RCD Regulations during the transition period includes, in particular, all substantive and procedural provisions as well as the rules concerning representation in proceedings before the EUIPO. In consequence, all proceedings before the Office that involve grounds of refusal pertaining to the territory of the UK, earlier rights originating from the UK, or parties/representatives domiciled in the UK will run as they did previously, until the end of the transition period.
With the entry into force of the withdrawal agreement, the information previously published by the EUIPO on this site – which exclusively referred to the scenario of the UK’s withdrawal without an agreement – has become obsolete and has been removed. In particular, Communication 2/19 is not relevant anymore, as it has become devoid of purpose.
As regards the situation as from 1 January 2021, the EU Commission and the EUIPO have published on 18 June 2020 an updated Notice to Stakeholders (here).
Further information concerning the consequences of the expiry of the ‘Brexit transition period’ upon EUIPO’s practice in trade mark and design matters will follow in due course.
This information supersedes all previous information on the impact of the UK’s withdrawal from the EU as regards EUTMs and RCDs published on this website.