If the UK Parliament agrees by March 29 to the Withdrawal Agreement negotiated by the United Kingdom and the European Union last year as modified by the supplementary agreement of March 12 relating to the border between the Irish Republic and Northern Ireland, Brexit will take place on May 22, 2019. Under this scenario, there will be a transition period expiring on December 31, 2020 during which current laws and procedures will be unchanged, but after which separate applications and renewals will be required in the United Kingdom and the European Union for trademark and design rights.
If the UK Parliament does not agree to the Withdrawal Agreement by the end of next week, Brexit will occur on April 12, 2019 with no transition period unless the United Kingdom agrees to participate in the EU elections due in May 2019, in which case a further extension may be possible. If Brexit occurs on April 12, it will be necessary to:
- Make separate renewal payments to the United Kingdom for any EU trademark or design having a renewal date after April 12, irrespective of whether any renewal fee has already been paid to EUIPO;
- File separate design and trademark applications in the EUIPO and the UKIPO if protection is desired in both jurisdictions; and
- Refile any pending design or trademark application currently pending in the EUIPO by January 12, 2020 if protection is desired in both jurisdictions.