TRADEMARKS OF THE EUROPEAN UNION AND COMMUNITY DESIGNS AFTER BREXIT: FORECASTTRADEMARKS OF THE EUROPEAN UNION AND COMMUNITY DESIGNS AFTER BREXIT: FORECAST

The European Commission has published a first draft of Agreement with the United Kingdom regarding the terms on which the United Kingdom will leave the European Union on 30th March 2019. Among others, there are considerations about the situation of Industrial Property Rights such as Trademarks of the European Union and Community Designs, once the United Kingdom leaves the Union.

 

In said draft, the European Commission proposes a Transitional Period, which could be extended till 31st December 2020, with the following clauses in order to avoid the loss of rights by the holders of Trademarks of the European Union and Community Designs:

  • During the Transitional Period, the Law of the European Union regarding the Trademarks of the European Union and Community Designs will be still in force in the United Kingdom.

 

  • Once the transitional period expires, the holders of rights or applications filed before the end of the transitional period will be granted equivalent rights in United Kingdom without re-examination. Those rights will maintain the application / priority dates and their corresponding dates for renewal.

 

o   To the owners of Trademarks of the European Union, International trademarks designating the European Union and Community Designs already granted prior the end of the transitional period, Trademarks or Designs in the United Kingdom will be granted respectively.

 

Those Trademarks in United Kingdom could not be revoked on the basis of the lack of use in the United Kingdom of their corresponding Trademarks of the European Union before the end of the transitional period.

 

Those Designs in the United Kingdom will have, at least, the same remaining legal life as to their corresponding Community Designs.

 

·       The applicants of Trademarks of the European Union and Community Designs duly filed before the end of the transitional period, will have a 9-months period to file equivalent applications in the United Kingdom, maintaining the original application date.

 

 

These proposals are subject to their acceptance by the United Kingdom. We shall keep you informed of future developments in this respect.