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.
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