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Amendments to Trademark Laws

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Okt 11, 2018 (Newsletter Issue 17/18)
United Kingdom
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Government’s Notices on 'No Deal' Brexit

On September 24, 2018, the UK government has published a series of technical notices in the event in which the UK leaves the EU without an agreement (a 'no deal' scenario).

The government announces that they will work to provide continued protection in the UK after March 2019 of trademarks and designs.

Registered EU trademarks and registered Community designs:
Protection will be through a new, equivalent UK right which will come into force once UK will exit the EU. The new UK right will be provided with minimal administrative burden. The trademark or design will then be treated as if it had been applied for and registered under UK law. This means that these trademarks and designs:
- will be subject to renewal in the UK
- can form the basis for proceedings before the UK Courts and the Intellectual Property Office’s Tribunal
- can be assigned and licensed independently from the EU right

Applications for EU trademarks and Community design:
Ongoing applications at the date of exit can be refiled with the Intellectual Property Office under the same terms for a UK equivalent right, using the normal application process for registered trademarks and registered designs in the UK. This can be done via post or online. Forms and instructions can be found here for trademarks and here for registered designs.

Filing dates and claims to earlier priority and UK seniority recorded on the corresponding EU application will be recognised by the UK government for a period of nine months from the exit. The UK application fee structure will apply.

International Registrations for trademarks and designs designating the EU:
The UK is working to provide continued protection in the UK from March 2019 onwards for trademarks and registered designs. This also includes practical solutions for pending applications.

For further information, please click here

Check the notices on patents, copyrights and information on the exhaustion of intellectual property rights if there’s no Brexit deal here