EU trademarks and designs will continue being valid in UK post Brexit under the draft withdrawal agreement. Article 54 of the withdrawal agreement confirms owners of EU trademarks – even those registered or granted in the 21-month transition period – will ‘without any re-examination, become the holder of a comparable registered and enforceable right in the UK’.

This draft also clarifies that a person authorised to appear before the European Union Intellectual Property Office, and who is representing a party before the end of the transition period can still continue to represent that party beyond the end of the transition.

The same rules apply for registered community designs and geographical indications, stating that all protected in the union on the last day of the transition period will be valid without any re-examination.

The position is similar to one published last year by the European Commission. IP practitioners are likely happy, as they previously expressed concern that right owners could lose protection in the UK if an agreement was not reached.

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