To help you navigate Brexit for IP we've put together some recommendations so you can identify what you might need to consider both pre and post-Brexit for your IP.

Your Intellectual Property

It is recommended that you review your Intellectual property portfolio and identify those rights which are business critical and how much your business relies on these rights for protection. You can undertake the portfolio review yourselves, alternatively an IP Attorney, such as Vault IP, can review your portfolio for you and identify where gaps may appear.

Trade Marks

Our advice

The UK and the EU both appear committed to providing ongoing UK protection for EU right holders. That said, given the proximity of a “no deal” Brexit, we are now actively encouraging clients to file both UK and EU applications for absolute legal certainty.

If you have registered your trade marks in the EU via the International Registration, the IPO has confirmed that even in the event of a ‘no deal’ Brexit they will ensure all International trade mark registrations that designate the EU will continue to apply in the UK.

If you have a UK trade mark registration and/or unregistered trade mark rights in the UK, you are currently able to oppose the registration of EUTMs. Post-Brexit you will no longer be able to do so. Therefore, if it is important for your business to be able to oppose EUTM applications post-Brexit, we advise you to apply for an EUTM as soon as possible.

Companies wishing to file applications in the EU post-Brexit will need to be represented by an IP firm within the EU. We have, however, made arrangements which will enable us to manage the filing and prosecution of EUTMs and RCDs on behalf of clients and there will be no need for clients to engage the services of an EU representative directly. There should be no significant increase in cost for our clients.

We would recommend that EU companies seeking to file applications in the UK after Brexit use a UK IP Attorney. Vault IP will be able to support you with this.

Get in touch about your trade mark requirements.

Designs

Registered designs - our advice

The UK and the EU both appear committed to providing ongoing UK protection for EU right holders. That said, given the proximity of a “no deal” Brexit, we are now actively encouraging clients to file both UK and EU applications for absolute legal certainty.

Companies wishing to file applications in the EU post-Brexit will need to be represented by an IP firm within the EU. We have, however, made arrangements which will enable us to manage the filing and prosecution of EUTMs and RCDs on behalf of clients and there will be no need for clients to engage the services of an EU representative directly. There should be no significant increase in cost for our clients.

If you have registered your designs under the Hague system for protection in the EU, the IPO has confirmed that even in the event of a ‘no deal’ Brexit they will ensure all international design registrations that designate the EU will continue to apply in the UK.

Unregistered designs - our advice

The UK government has confirmed that all unregistered community designs which exist at the point that the UK leaves the EU will automatically continue to be protected and enforceable in the UK for the remaining period of protection of the right. The government has also committed to introducing equivalent protection in the UK through new legislation.

However, if gaining protection in the UK is important, we recommend that a UK Registered Design is filed. In any event, this will provide longer term (25 years) and more robust protection than relying on unregistered rights.

Get in touch about your design requirements

Patents

As there is a very limited impact to patents, it is “business as usual”. There is no need to seek non-UK EU representation to file European patent applications. We at Vault IP are available to support you with all your patent requirements now and after Brexit.

Get in touch about your patent requirements.


If you need support for filing applications in both the EU and UK, get in touch with us to see how we can help.

Further help and support

We have put together some frequently asked questions and useful resources to help you further.