UK-EU trademark rights – Draft withdrawal agreement

Posted: 2 years ago in: NewsPosted By admin

EU trademarks & Brexit

EU-UK trademark rights

Draft withdrawal agreement

The EU published a draft withdrawal agreement on 28th February 2018. It specifies trademark rights for some EUTM holders for the UK.  It includes other intellectual property rights.  It deals with possible terms for the UK’s exit from the European Union.  While the agreement is in draft form, it outlines many of the areas where laws between the UK and the EU will be affected.  It is not yet signed into law, and is likely to change before Brexit is final.

Trademark rights – Brexit impact – EUTM & UK

  1. Under current laws, an EUTM holder can apply rights in every country which is a member of the EU.
  2. However, on leaving the EU, an EUTM’s right could technically be expected to cease in the departing country on the date of departure, unless otherwise legislated for.  The draft agreement appears to confirm arrangements for rights for certain EUTM holders.
  3. The draft withdrawal agreement makes some special arrangements for rights attaching to EUTMs which are registered before the end of the transition period.

Registered EUTM holders before Brexit, will hold a trademark right in UK

  1. The holder of an EUTM, registered before the end of the transition period until the next renewal date, shall become the holder of a trademark in the UK, consisting of the same sign for the same goods and services.
  2. The date of priority will be the date of priority of the EUTM, or seniority date where applicable.
  3. The trademark will not be liable to revocation on the ground that the EUTM had not been put to genuine use in the UK before the end of the transition period.

Invalid EUTMs or revocation of EUTM

If an EUTM is declared invalid or revoked in an ongoing procedure before the end of the transition period, the same will apply in the UK.

Reputation rights of EUTMs in UK

An EUTM with a reputation in the Union shall be allowed to exercise rights in the UK equivalent to those under Article 9 (2)(c) of Regulation 2017/1001 and Article 5(3)(a) of Directive 2015/2436, on the basis of reputation acquired in the Union. [Although the text is unspecific, one assumes this is limited to reputations proven before the last day of the transition period].

Continued protection in the United Kingdom of international registrations designating the Union

Designation of the Union, under the Madrid System for international registration before the end of transition until the next renewal date, shall be protected in the UK


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