Finally there is hope on the horizon: the European Commission has proposed that all registered EU trade marks and designs should automatically convert to UK national rights after Brexit.
The proposal is contained in the EU’s draft Withdrawal Agreement published late last week. It is only a draft and will be the subject of further consultations between all member states of the EU, the European Parliament and the UK, but it is a welcome development for brand owners as there is now a proposal on how EU trade marks and design rights will be treated post Brexit.
The main points are:
Even if the agreement is accepted by all EU member states, the European parliament and the UK, it will require legislation to be implemented in the UK.
As it is not final and could be subject to change, it remains our recommendation that owners file EU and UK rights now so that if marks face issues in the EU but not the UK, registrations can be obtained in the UK now.
The next steps are that the draft Withdrawal Agreement will now be sent to the European Council and the European Parliament’s Brexit Steering Group for discussion, before being transmitted to the United Kingdom for negotiation.
Watch this space for further developments!
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