As the level of uncertainty over Brexit continues to be high, as a precautionary measure it is recommended that proprietors seeking trade mark and design protection in both the UK and the EU file separate applications until a deal on Brexit has been passed by Parliament and greater clarity on the situation has been established. Even in the event of a no-deal Brexit, the IPO has confirmed that applicants with pending EU applications on 29 March 2019 will have an opportunity to refile with the same particulars in the UK within a 9-month period, retaining the earlier EU filing date. Existing registered rights will continue to apply in the UK.
It is also recommended that proprietors should designate both the UK and the EU when using the Madrid system for International trade marks and the Hague system for designs. In addition, we recommend filing subsequent designations for the UK, where the EU trade mark application is likely to still be pending come March 2019.
Finally, consideration should also be given to EU trade mark or Community design disputes that are unlikely to be resolved by March, particularly, where the basis of opposition is on a UK national right.
For further details of the UK Government's Guidance on the implications of a 'no deal' Brexit on IP rights, please find a link to our last Brexit post here.
If you have any questions regarding Brexit in relation to your IP rights, or if you would like Finnegan Europe to conduct an audit of your EU/UK trade mark/design portfolio, please get in touch with one of our IP practitioners based in our London Office.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
