The Validity of the EU Trademark and Design in the UK after the Brexit
Yesterday, a notice was posted on the official website of the European Intellectual Property Office to explain the validity of the EU trademark and design in the UK after the Brexit.
The circular states that since the United Kingdom officially released from the EU (March 30, 2019, CET), EU trademarks and EU designs no longer apply in the United Kingdom. Unless Britain and the EU reached an agreement in the follow-up negotiations on the relevant issues, otherwise the content of the notice will take into effect after the official British withdrawal from the EU.
Amazon UK Station is Amazon's largest market in Europe with 60,893 active sellers (active sellers, meaning sellers who sell at least one item a month). After March 30, 2019, the Amazon UK Station should not accept the record of EU trademarks. Sellers need to seize the time to register British trademarks which is the same as the EU trademarks.
Official website news
The notice has made the following important provisions regarding the effectiveness of the EU trademark and EU design after the official withdrawal from the United Kingdom and other related issues:
1. Registered European Union trademarks before Brexit, registered European Union designs and the unregistered EU designs that are public in the EU in accordance with relevant regulations will remain valid in the 27 EU member states. However, since the date of Brexit, will no longer be valid in the UK.
2. The protection area of EU trademark applications and registered EU design applications that were submitted prior to the Brexit date but are still during the processing phase and not yet registered successfully will no longer include the United Kingdom. The validity of the rights authorized by the EUIPO after the date of Brexit or the date of Brexit will only be effective in 27 EU member states.
3. All existing prior claims based on UK domestic marks will terminate their validity within the EU from the date of Brexit.
4. Trademarks or designs corresponding to international registrations under the Madrid System registered International Marks and Registered Designs designated European Union under the Hague System will continue and will be valid only in 27 EU Member States.