On 30 January 2018 The European Union Intellectual Property Office published a Q&A on how the looming Brexit will affect EU trademark and community design holders. The Q&A “corresponds to a potential scenario in which no agreement is reached by the negotiating parties”.
If no such agreement is reached, the Q&A says, all EU trademark and community designs will no longer enjoy protection in the UK as of the proposed “withdrawal date’ – 30 March 2019, 00:00 h. CET. From this moment on, the UK will be considered a ‘third state’ for the purposes of EU trademark protection.
Use of the EU trade mark in the UK as of the withdrawal date will not count for the purpose of maintaining the rights conferred by the EU trade mark.
On a more administrative note, English will continue to be a working language of the EUIPO.
As the European Commission recently stated, ‘Preparing for the withdrawal is not just a matter for EU and national authorities but also for private parties.’ To deal with the fallout of Brexit, do not to hesitate to contact us for further assistance if you are one of the affected parties!
You can find the full text of the Q&A here.