If you have a European trade mark (EUTM) that is still classed as pending on 31 December 2020, you will be able to apply to file to register a comparable UK trade mark (UKTM) in the nine months following Exit Day.
This new filing will retain the earlier filing date of the EUTM, and will honour any international priority or seniority you may have claimed on the EU trade mark, but the usual filing fee will apply.
If you have a EUTM that is registered by 31 December 2020, it will automatically benefit from having the comparable UKTM filed at no extra charge.
Once an EUTM application has been filed, it can take a few months before it can be registered (providing that no objections or oppositions take place within this timeframe).
Therefore, brand owners who wish to benefit from both UK and EU brand protection without paying the UK filing fee should act sooner rather than later.
If you are contemplating filing for EU protection, we advise you to act as soon as possible in order to have the best chance of obtaining registration before the Exit Day, thus benefiting from the automatic splitting of the registration at no extra cost.