The European Commission and EUIPO have published a revised notice to stakeholders on the withdrawal of the United Kingdom and EU rules in the field of EU trade marks and Community designs. It is available on the European Commission website here (PDF).
The notice largely reflects the content of the Withdrawal Agreement as previously reported by MARQUES.
The UK and EU continue to negotiate an agreement on a new partnership, which is set to enter into force after the transition period ends on 31 December 2020. The UK government has ruled out extending the transition period beyond that date.
The EUIPO’s paper is not and does not seek to be comprehensive. It omits, for example, the declaration made in the EUIPO’s FAQ of January 2018 that a UK prior right will be ignored in EUIPO opposition and cancellation decisions rendered after the transition period ends, even if that UK right was valid and enforceable against the later EU application when it was applied for.
As MARQUES has pointed out before, the legality of that approach is something the CJEU may be called upon to decide in due course.
IRs designating the EU
Readers may also like to know that the UKIPO has confirmed that International Registrations designating the EU will, if registered at the end of the transition period, only be split out to create a new national UK right.
That right will not be part of the IR bundle. This expands on point 2 of the EUIPO’s paper.
If the address for service for the IR is outside the EEA, that new right will need an address for service within the EEA to be given.
MARQUES is in discussions with the UK government to encourage it to continue its own work and to liaise with WIPO to allow the re-registration of these rights into the IR in the future.
Find all the MARQUES Brexit resources on the Brexit Task Force page.
Issue 114
MARQUES will host a series of online educational and networking events during September 2020, which will be available to members and non-members
MARQUES held a virtual round table on 25 June looking at how brands respond to crises/social actions such as the COVID-19 pandemic and the Black Lives Matter movement
A particularly egregious example of a scam invoice has been received by a MARQUES member
Roland Mallinson of the MARQUES Brexit Task Force provides an update on the latest developments
There have been a lot of judgments concerning trade marks, copyright and designs this month
The Observatory of the European Union has published two reports as part of a pan-European media campaign to fight counterfeiting and piracy
The latest information from EUIPO includes the recent User Group meeting, draft Guidelines (2020 edition), Board of Appeal hearings and cooperation with EURid
MARQUES wants to thank all the members who sent in news, tips and photos for the MARQUES Virtual Coffee Break initiative during the past three months
Keep up to date with the latest trade mark and design news, book reviews, event coverage and MARQUES announcements on the Class 46 and Class 99 blogs