EU rights holders may have seen the recently published, ‘Communication No. 2/2019 of the Executive Director of the Office of the EUIPO’, or the “Brexit Q & A” section on the EUIPO website, outlining what will happen to EU trade mark and design rights when the UK leaves the EU. From this published information they could be forgiven for believing that come ‘Brexit Day’ their current EU registrations will no longer cover the UK. However this is not the case.
Details of the new comparable UK trade marks are starting to emerge from the UKIPO, with confirmation of the numbering system that will be applied to the new rights.
Last week, The Chartered Institute of Trade Mark Attorneys (CITMA), provided updated guidance for trademark and design owners in light of the real prospect that the UK could leave the EU with no deal on 29th March, 2019.
The Intellectual Property Office (IPO) has confirmed that all international trade mark and design registrations that designate the EU will continue to apply in the UK in the event of a ‘no deal’ Brexit.
Currently, once a novel design possessing individual character is made public it is automatically protected by an ‘Unregistered Community Design’ (UCD), an EU right. A UCD allows the holder to prevent unauthorised copying of the design. As well as ‘identical’ designs, UCDs cover designs which produce the same ‘overall impression’ on an informed user. UCDs are free rights which extend across the entire EU and last 3 years.
The draft withdrawal agreement was approved by the cabinet yesterday, giving the green light for it to be reviewed and potentially agreed at an extraordinary European Council summit, anticipated later this month. The good news for EU trade mark and design rights holders is that…