As with January 31, 2020, the United Kingdom definitely left the European Union. This has also implications for intellectual property rights. Whereas for the European Patent Convention as a treaty of international law no changes are given, this is not the case in trademark law. According to the exit of the United Kingdom, the European Union Trademark will comprise only 27 states of the European Union in future. Existing European Union trademarks will have no effect for the United Kingdom anymore. However, European Union trademarks will be assigend to corresponding national U.K. trademarks under preservation of the priority. According to the current state, for pending European Union trademark applications within a translational period of nine months the possibility of a conversion of a European Union trademark application into a national U.K. trademark application will be given. These regulations could be enter into force after the agreed translation period, hence, after December 31, 2020, what has to be expected in view of pending negotiations.
It also remains to be seen how pending opposition proceedings will develop which are only based on an earlier U.K. trademark (or, if applicable, several U.K. trademarks). If there are no translational regulations, for the corresponding proceedings the base for the oppositions will fall away after December 31, 2020. Interim corresponding proceedings have been interrupted; currently, however, such proceedings, are again continued.
