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 2025

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

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

News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
Gift this article