Brexit: Trademarks and designs

Brexit is a reality and it will affect most owners of EU trademarks and EU designs.

It is still too early to predict the exact effect that Brexit will have because it will largely depend on the association agreement that the UK will be able to negotiate with the EU.

The effect of Brexit could for instance be as follows:

  • EU trademarks no longer cover the UK and it will be necessary for trademark owners to obtain local trademark rights if they want to be protected in the UK. Some form of separation/conversion from present EU trademarks and EU designs must be expected to be possible.
  • Agreements on EU trademarks/EU designs or agreements covering the geo-graphical area of "EU" will possibly have to be re-negotiated.
  • Injunctions covering the EU no longer apply in the UK.
  • Increased risk of loss of EU trademarks if the trademark was previously primarily used in the UK.

No reason to panic

Plesner will monitor the situation and provide updates as issues are settled.

There is no reason to panic. Brexit will not be implemented right away and we expect that a solution will be found that ensures that businesses can maintain their present trademark and design protection in the UK. Danish businesses having interests in the UK should in the near future assess their IP portfolios so that they may establish a strategy for protection of these rights when Brexit is implemented. Read more about the consequences of Brexit for Danish businesses in this article from the Danish newspaper Berlingske (in Danish)

"Tre skarpe: Sådan kommer Brexit til at presse de danske virksomheder".

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