Brexit trade mark update

Brexit’ and Trade Mark Registrations.

Is the scope of protection of my EU trade mark affected by Brexit?

Yes. The EUIPO has stated that from the leave date, as a matter of EU law, EU registered trade marks will no longer be automatically protected in the UK.   Consequently, EU registered trade marks needing UK protection will require separate registration. That is unless the UK government implements legal action to ensure that the rights pertaining to the EU registered trade marks continue in the UK, after the withdrawal date. This may take the form of providing UK trade marks with equivalent duration rights as the countervailing EU trade mark. This concern also applies to international registrations that include the EU as a designated country; these will require additional UK registration. To date, the UK government has said that they may be given similar or equivalent UK trade mark rights.

What happens with pending oppositions and invalidity requests based on an earlier UK right?

Opposition and invalidity proceedings that, due to insufficient time, would not reach the decision stage before the leave date and are based solely on UK rights, will be suspended. After the leave date any opposition or invalidity request based solely on a UK right will be dismissed.

Where can I find more detailed information?

The legal information is provided in more detail on the EUIPO website. Alternatively you can call the TMA team on 01869 692888 for a further discussion of your concerns and trade mark requirements.