IP and Brexit: How to survive!
In case you are the owner of an EU Trademark (EUTM) and you wish to be updated on the status of your intellectual property rights in the UK after Brexit, kindly note the following:
The existing UK system for protecting trademark rights will remain largely unaffected by the UK’s decision to leave the EU. While the UK remains a full member of the EU then EU Trademarks continue to be valid in the UK.
When the UK leaves the EU, in any scenario, an EUTM will continue to be valid in the remaining EU Member States.
It is , however, important to note that as per the UK IP Office:
“The UK Government recognises that owners of existing EU trademarks want clarity over the coverage of those rights when the UK leaves the EU. In any scenario, including one which does not involve a deal between the UK and the EU, the government will seek to minimise disruption for business and to provide for a smooth transition. For existing EU trade marks, this means that for all scenarios, the government aims to ensure continuity of protection and avoid the loss of those rights. In doing so, our overall objective is to provide maximum clarity and legal certainty for right holders and third parties. The government is looking at various options and is discussing the best way forward with users of the system.”
What, we therefore recommend you is to consider to file a national (UK) trademark as in this way you will make sure that in any case your mark will enjoy protection in the UK as well.
Important: The information of this article is for informational purposes only and are not legal advice or a substitute for legal counsel. For more information about facts, decisions and updated on the status of your EU ip rights in the UK after Brexit, you highly recommend you to visit the official UK IP Office page.