On July 23, the UKIPO updated a declaration regarding the continuous protection of IP-rights, which also refers among other things to trademark rights. The statement also mentions the possibility of a hard Brexit. In the event of a failure of the negotiations with the EU, the UKIPO states that it would strive to mitigate disruptions and ensure a smooth transition. The UKIPO declared that it will create "over 1.7 million comparable UK rights, which will be granted automatically and free-of-charge". This particular assurance was given in connection with the Brexit agreement. In the event of a hard Brexit, official fees and filing deadlines would be a realistic option. A total loss of rights does not seem to be a real danger any more. The UKIPO has reiterated its intention to ensure the continuity of legal protection and avoid the loss of any legal rights "in all scenarios".
The statement also contains similar declarations regarding designs, patents, copyright, enforcement and the exhaustion of IP rights, which affirm repeatedly that no loss of rights or substantial changes of the current laws are planned in case of a hard Brexit.
The statement does not contain any detailed proposals on the implementation. In view of the stagnating negotiations, it is nevertheless reassuring that the UKIPO addresses the possibility of a hard Brexit and communicates its intentions in this regard.
To sum up, the statement is a declaration of intent. It is not final and legally binding. But given the clear commitment, it seems improbable that registered rights will be jeopardized. New applications, which might not complete the registration process on time for the Brexit, may however face difficulties. It is therefore still a sensible option to file parallel applications in the UK.
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