How will be the trademark protection after the Brexit?
Scenario without agreement
Shall cease to apply to The United Kingdom standardsEUwhich protect industrial property rights.
Shall cease to be protected in The United Kingdom human, which is held by a company or eu citizen, who are already registered at european level (mark of the EU) in the office for intellectual property of the european union (EUIPO) or in the community Register of geographical indications.
Keep only those rights that have been registered or recorded directly in the office for the rights of The united kingdom.
Lost in The United Kingdom seniority of the right recognized at european level.
Nor can it be implemented in Uk opposition proceedings of eu brands. Delegations are reminded that the request of marks to the relevant office of The United Kingdom may involve the payment of fees that its legislation on brands to protect that right.
Given the uncertainty, it is recommended that the incumbent of the right to assess the need to initiate the procedure for registration of marks on The united kingdom.
Stage with agreement
Agreementthe incumbent of one of these rights registered in the european union in accordance with EU regulations (Regulation (EU) 2017/1001 on brands of the european parliament and the council, and the regulations governing geographical indications Regulation 1308/2013 (wine), regulation 110/2008 (spirits), Regulation 251/2014 (aromatized wine products) and Regulation 1151/2012 (other agricultural products and foodstuffs)) will become the owner of other rights in The United Kingdom of the same sign, for the same goods or services.
Future relationshipshows the commitment of The United Kingdom and the eu to establish a mechanism for cooperation and exchange of information on intellectual property issues of mutual interest, such as the respective approaches and processes relating to trademarks, designs and patents, as well as other titles of industrial property, if any (utility models, etc).
