Brexit Ready

Preparing you for when the UK exits the EU

"While Brexit will inevitably bring changes to the UK's relationship with other European countries, your relationship with Potter Clarkson will not change in any way. It will not disrupt the services we provide to you – it is business as usual." 

Steve Smith, Managing Partner

Potter Clarkson Group

With the end of the transition period fast approaching, it is important to get ahead and consider how you will secure and maintain protection - both in the EU and the UK.

Over four years on from the referendum, we are aware that Brexit fatigue may have set in for some and that the coronavirus pandemic may have affected your Brexit preparations. However, it is important to take advantage of the remaining months of the transition period to ensure you are prepared. 

Navigating the changes to the European IP landscape does not have to be complicated. We have developed this hub to provide you with an overview of the UK's position regarding intellectual property in a post-Brexit landscape, along with our recommendations to ensure your rights remain protected.

We are Brexit-ready

As a pan-European intellectual property law firm, with offices and attorneys in the UK and in several  EU-member states, our ability to support clients in all aspects of IP is completely unaffected by any Brexit-related changes. The key benefits of working with us are:

Our People

The firm has a significant presence in mainland Europe, with manned offices in Stockholm, Lund, Copenhagen and Aarhus. Teams led by European Trade Mark and Design Attorneys Jesper Sellin, based in our Stockholm office, and Lars Karnøe, based in our Aarhus office, are highly experienced in representing clients before the European Union Intellectual Property Office (EUIPO) and EU court systems. This enables us to handle all your IP needs.

Our Accolades

We are recognised as a Gold Standard IP firm by the Financial Times and won the coveted UK Trade Mark Prosecution Firm of the Year award for 2020 from Managing Intellectual Property. These accolades serve as important and reassuring evidence for our clients that they are working with an industry-leading team. 

Our Value

Working with one firm - experienced in both UK and EU jurisdictions - ensures a strategic and cost-effective approach to protecting your IP rights in all your key markets.

BREXIT AND YOUR IP RIGHTS

The UK left the European Union on 31st January 2020 and entered a transition period set to last until 31st December 2020. With many clients facing uncertainty surrounding Brexit, we have set out below an overview of the changes to come once the transition period ends.

For a more detailed update, please follow the links below. 

Brexit update: trade marks and domain names 

Brexit update: designs

PREPARING YOUR IP FOR BREXIT


EU trade mark and design registrations will cease to have effect in the UK from 1 January 2021.

  • The (UKIPO) will create equivalent UK ‘cloned’ rights of existing EU trade mark and design registrations.
  • All pending and future EU rights will no longer extend to the UK. A separate right will be required to secure protection in the UK.

Potter Clarkson is here to support you through these changes. Find out how we can help you get Brexit ready below. 

'Cloned' rights registrations

To help ease the additional administrative burden – and associated liabilities – the cloned rights will bring to your portfolio, we are offering a free service to take on the full professional management of these cloned UK rights.

This will ensure deadlines are not missed, correspondence is processed effectively and contentious proceedings which rely on these cloned rights are managed appropriately. You will also benefit from the full breadth and experience of our award-winning trade marks and designs teams.

Appointing us as your UK representative is a straightforward process, and now is the time to act. Simply provide us with details of the EU rights to be cloned. Contact us via this link and we will begin the smooth transition immediately. 

Pending applications

For TM and design applications that are pending at the EUIPO as of 31 December 2020, there will be a 9-month period to convert those applications into corresponding applications before the UKIPO in order to maintain protection in the UK.  If this deadline is missed, then the rights will be lost in the UK.

To assist with ensuring continued protection in the UK, Potter Clarkson is able to offer highly competitive filing costs in the UK.

We will waive any professional fees to re-file pending EU applications into UK applications. Our filing fees for reporting publication and registration of an objection free application will be £300.

UK and EU filing packages

Moving forward, it will be necessary to file separate applications in the UK and EU in order to maintain protection across both jurisdictions.

If you instruct us to file simultaneous UK and EU trade mark applications for the same trade mark, covering the same goods and services, then we are pleased to offer a 50% discount on our filing fees for the UK application.