Hard Brexit Q&A from EUIPO

The European Union Intellectual Property Office, who are responsible for all EU trade marks and registered designs, have issued a “Question and Answer” document setting out the implications of a hard Brexit on EU trade marks and registered designs.  Whilst all parties are working towards a transitional period to ease these changes, and/or a long term agreement over these matters, this document sets out the worst case scenario.  The full article can be found here:https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/news/QandA_brexit_en.pdf

They state that “Preparing for the withdrawal is not just a matter for EU and national authorities but also for private parties. In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all stakeholders concerned are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, the EU rules in the field of trademarks and designs no longer apply to the United Kingdom.”

Our advice is that to ensure continued and complete protection of their marks, brands and/or designs, UK applications should be filed now for any that are not already registered in the UK.  In this way, your mark, design and/or brand will be protected in the UK regardless of any failure to secure satisfactory transitional or long term solutions to the removal of the UK from the EU and the associated intellectual property rights.

For any further information and/or concerns relating to this, your trade marks, designs or brands, please do not hesitate to contact Rebecca Dobson (rebecca.dobson@chapmanip.com) or Rachel Pellatt (rachel.pellatt@chapmanip.com)

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