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.