If 29th March 2019 presents a ‘No Deal’ scenario, registered European trade marks and registered community designs will continue to have effect in the UK.
- These registered rights will be duplicated onto the UK registers and enforceable on that basis.
- They will be treated as UK rights and therefore will become subject to renewal requirements in the UK.
- They will be treated as independent rights from the EU and can be assigned and licensed on that basis.
- They can be used as a basis for proceedings either before the UKIPO or the courts.
- Any business/ owner not wanting a cloned UK right can opt out.
Please also note that a registered EUTM will continue to be valid in the remaining EU member states.
Pending European Trade Mark Applications on 29 March 2019
On exit day the applicant of a pending European trade mark application can make a new application for a UK trade mark application and the UKIPO will recognise filing dates and claims to earlier priority and UK seniority recorded on the corresponding EU application. There is a period of nine months from 29 March 2019 to make such an application.
If the UK and European markets are increasingly important to you, then we can help you consider the best filing strategies available to you. Feel free to contact us on by emailing [email protected] or telephone 0116 268 8963.