The fate of EU trade marks in the EUThe fate of EU trade marks in

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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Since the referendum in 2016, there has been some uncertainty as to the effect leaving the EU would have on the UK designation of registered EU trade mark and design rights. Recently, the government has sought to clarify the situation.

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On July 19, 2018, Robin Walker MP, The Parliamentary Under-Secretary of State for Exiting the European Union made the following statement

“We have agreed to protect all existing EU trade marks, community registered designs and unregistered designs in the UK as we leave the EU. In place of those EU-level rights, 1.5 million new UK trade marks and registered designs will be granted automatically and for free.”

The announcement is supported by Article 50 of the UK Government’s Draft Agreement on withdrawal viewable here stating that this aspect of the European Commission’s Draft Withdrawal agreement has been agreed in principle.

Whilst nothing is definite yet, the fate of EU marks in the UK looks promising.

Meanwhile there is no uncertainty surrounding the UK designation of European patents. European patents are governed by the European Patent Convention which is independent of the European Union, therefore our relationship with the European Patent Office will remain unchanged.

Article Published July 24, 2018