Updated information regarding Brexit impact on EUTMs and RCDs

Brexit impactOn 1 February 2020 the UK will leave the EU in accordance with the Withdrawal Agreement  concluded between the EU and the UK.

The Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.

This continued application of the EUTM Regulations and the RCD Regulations during the transition period includes, in particular, all substantive and procedural provisions as well as the rules concerning representation in proceedings before the EUIPO.

In consequence, all proceedings before the Office that involve grounds of refusal pertaining to the territory of the UK, earlier rights originating from the UK, or parties/representatives domiciled in the UK will run as they did previously, until the end of the transition period.

With the entry into force of the withdrawal agreement, the information previously published referring to the scenario of the UK’s withdrawal without an agreement – has become obsolete. Communication 2/19 issued by EUIPO is not relevant anymore, as it has become devoid of purpose.

Last procedures

On January 24, 2020, Charles Michel (President of the European Council) and Ursula von der Leyen (President of the European Commission) signed the withdrawal agreement in Brussels. Later on the same day, the document was signed by Prime Minister Boris Johnson in London.

The European Parliament will hold a vote on the deal on 29 January. Once the Parliament has given its consent, the Council will adopt, by written procedure, the decision on the conclusion of the agreement on behalf of the EU.

Source: EUIPO