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How will Trademark protection remain after Brexit?



How will Trademark protection remain after Brexit?

How will Trademark protection remain after Brexit?

A) If a Withdrawal Agreement is not reached:

The EU rules protecting these industrial property rights will no longer apply to the UK.

The rights, whose holder is an EU company or citizen, that are already registered at European level (EU trademark) in the Intellectual Property Office of the European Union (EUIPO) or The Community Registry of Geographical Indications will no longer be protected in the United Kingdom.

Only those rights that have been registered or registered directly with the UK Protection Rights Office will be retained.

The antiquity of the right recognized at European level will be lost in the United Kingdom.

The EU trademark opposition procedure will not be applied in the UK.

It is recalled that the trademark application before the competent office of the United Kingdom may entail the payment of the fees that its trademark legislation establishes to protect that right. Given the uncertainty, it is recommended that the right holder assess the need to initiate the registration procedure for trademarks in the United Kingdom.

B) If a withdrawal agreement is reached:

Withdrawal Agreement: the holder of one of these rights registered in the European Union in accordance with EU regulations (Regulation (EU) 2017/1001 on trademarks of the European Parliament and of the Council and the regulations governing geographical indications: Regulation 1308/2013 (wines), Regulation 110/2008 (spirit drinks), Regulation 251/2014 (flavored wine products) and Regulation 1151/2012 (other agricultural and food products)) will become the holder of other rights in the United Kingdom of the same sign, for the same goods or services.

Future relationship: indicates the commitment of the United Kingdom and the EU to establish a mechanism for cooperation and the exchange of information on intellectual property issues of mutual interest, such as the respective approaches and processes related to trademarks, designs and patents, as well as like other titles of industrial property, in its case (utility models).

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