101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 66 Business: Trademarks and Design Purpose If the UK leaves the EU in March 2019 without a deal, find out how this would affect:  registered Community designs  unregistered Community designs  correspondence addresses and confidentiality for UK trademarks and designs Continued protection of registered trademarks and designs in the UK Before 29 March 2019 EU trademarks and registered Community designs are intellectual property rights. They are granted by the EU Intellectual Property Office and are governed by EU regulations, includin g Regulation (EU) 2017/1001 on the EU trade mark an d Regulation (EC) No 6/2002 of 12 December 2001 on Community designs . A business, organisation or individual that owns an EU trade mark or registered Community design (the right holder) has that right protected across all EU member states including the UK. Right holders can also hold trademarks and registered designs through the international Madrid and Hague systems. These systems allow users to file one application, in one language, and pay one set of fees to protect trademarks and registered designs in up to 113 territories including the EU. Trademarks and registered designs obtained through these systems are also protected in the UK. An estimated combined figure of 1.7 million EU trademarks and registered Community designs are in force (2017 figures), along with over 200,000 international trade mark and design registrations covering the EU. After March 2019 if there’s no deal The government will ensure that the property rights in all existing registered EU trademarks and registered Community designs will continue to be protected and to be enforceable in the UK by providing an equivalent trade mark or design registered in the UK. Businesses, organisations or individuals that have applications for an EU trade mark or Community design which are ongoing at the point of the UK’s exit from the EU will have a period of nine months from the date of exit to apply in the UK for the same protections, retaining the date of the EU application for priority purposes. The government will work, including with the World Intellectual Property Organization, to provide continued protection in the UK after March 2019 of trademarks and designs filed through the Madrid and Hague systems and which designate the EU. Right holders with an existing EU trade mark or registered Community design will have a new UK equivalent right granted that will come into force at the point of the UK’s exit from the EU. The new UK right will be provided with minimal administrative burden. The trade mark 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 After exit, business, organisations and individuals with EU trade mark and Community design applications which are ongoing at the date of exit will be able to refile 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. Applying for registered trade mark or registered design protection in the UK can be done via post or online. The online form and instructions for applying by post can be foun d here f or trademarks an d here for registered designs. This means that for a period of nine months from exit, the government will recognise filing dates and claims to earlier priority and UK seniority recorded on the corresponding EU application. Right holders taking this step will need to meet the cost of refiling the application in accordance with the UK application fee structure. The UK is also working, including with the World Intellectual Property Organisation, to provide continued protection in the UK from March 2019 onwards for trademarks and registered designs (filed through the Madrid and Hague Systems, and designating the EU as the area where they apply). This also includes practical solutions for pending applications.