What happens with my EU-trademark in the UK in the event of a no-deal Brexit?

 In BREXIT, EUIPO, European Intellectual Property Office, EUTM, Intellectual Property, Trademark

The UK Government recently published a guidance with four notices detailing the intellectual property implications if the UK leaves the EU in March 2019 without an agreement (a no-deal scenario).

EU trade mark and registered Community design rights holders (businesses, organisations or individuals) may want to be aware of the following implications which will apply in a ‘no deal’ scenario:

  • existing registered EU trade marks or registered Community designs held will continue to be valid in the remaining EU member states
  • protection of existing registered EU trade marks or registered Community designs in the UK will be through a new, equivalent UK right which will be granted with minimal administrative burden
  • right holders will be notified that a new UK right has been granted. Any business, organisation or individual that may not want to receive a new comparable UK registered trade mark or design will be able to opt out
  • provision will be made regarding the status of legal disputes involving EU trade marks or registered Community designs which are ongoing before the UK courts and more information will be provided on this before the point at which the UK exits the EU
  • applicants with a pending application for an EU trade mark or a registered Community design at the point of exit will be able to refile, within nine months from the date of exit, under the same terms for a UK equivalent right, retaining the EU application date for priority purposes
  • applicants with pending applications for an EU trade mark or a registered Community design will not be notified and after exit will need to consider whether they refile with the Intellectual Property Office to obtain protection in the UK
  • new applications will be eligible to be filed in the UK for UK trade marks and registered designs as they are now, and at the cost specified in the UK fee structure
  • UK applicants, like EU and third country applicants, will continue to be able to apply for protection in the EU through an EU trade mark or registered Community design as they do currently

The government is working, including with the World Intellectual Property Organisation, to provide for continued protection in the UK from exit day onwards of registered trade marks and registered designs filed through the Madrid and Hague systems which designate the EU.

Do you want more information of how your intellectual property rights may be affected by Brexit? We at Otmore are always up to date with current events in the industry, contact us today and we’re happy to help!

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