France: Analysing Brexit’s impact on European trade marks and designs

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

France: Analysing Brexit’s impact on European trade marks and designs

c963031c-805d-4f1a-9099-1548249f5b9fbrexit-min-2-final.jpg

In the latest international briefing for France, Aurélia Marie assesses the effect of Brexit on EU trade marks and designs

There are two possible scenarios following the vote on June 23 2016 in favour of Brexit: the agreement accepted by the European Commission on November 25, but not voted for by the UK Parliament is eventually accepted by the UK, or no agreement is found and the UK has to leave the European Union without any agreed rules on March 29 (hard Brexit).

In the first scenario, the agreement provides a transitional period from March 30 2019 to December 31 2020 and provides for the continuation of rights attached to European trademarks and designs in the UK. In addition, during this transitional period, the UK will remain subject to all European regulations.

EU trademarks will give rights for their remaining duration to national comparable trademarks in the UK with no new examination. The same rules will apply for registered designs and non-registered designs.

For pending filings, an extended priority period of nine months to file nationally in the UK after the end of the transitional period for both trademarks and designs is provided

An EU administrative or court action pending on December 31 2020 (EUIPO or ECJ) will have effect in the UK even if the decision is to occur after the transitional period, except if the grounds of the decision are not applicable in the UK.

If no agreement is established, on March 29, the UK will become a "third country" to the EU. There is no current UK regulation to cover what will happen to EU trademarks and designs, only drafts. However, these drafts seem to provide similar provisions to those in the agreement.

As the amount of fees for renewal is unknown, it may be beneficial for registrants to renew all EU trademarks or designs that can be renewed before March 29.

marie.jpg

Aurélia Marie

Cabinet Beau de Loménie

158, rue de l’Université

F - 75340 Paris Cedex 07 France

Tel: +33 1 44 18 89 00

Fax: +33 1 44 18 04 23

contact@bdl-ip.com

www.bdl-ip.com

more from across site and SHARED ros bottom lb

More from across our site

Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
David Rodrigues and Evan Lazerowitz – attorneys at Robinson & Cole – offer practical guidance on the steps a business might consider to preserve and maximise IP value before entering financial distress or insolvency
Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Gift this article