Bailey Walsh & Co LLP | 1 York Pl, Leeds, West Yorkshire, LS1 2DR. | 0113 2089962
In June 2016, the UK voted to leave the European Union (EU) and the date that is currently set for this to take place is 29th March 2019. Up until 29th March 2019 all EU registered trademark and community design rights will continue to provide rights holders with protection in all 28 member states of the EU.
Please note that European patents are granted under a different jurisdiction to the EU and are therefore unaffected.
After the UK’s departure from the EU, EU registered trade mark and community design rights will ultimately cease to provide the rights holders with protection in the UK. However, the UK Government has indicated that it will ensure any existing rights will continue to be protected and to be enforceable in the UK by providing an equivalent right in the UK, in the event that the UK exits the EU with no deal.
At present no deal has been agreed for the UK’s departure from the EU, and indeed there is even the possibility that the UK will not depart. This has created some doubt as to the protection afforded to the EU registered trademarks and community designs and unregistered community designs with respect of the UK after Brexit.
EU Registered Trademarks and Community Designs
The current indications are that:
Unregistered community designs
Unregistered community design right provides 3 years of protection from the date that the design is first made available to the public within the EU. After the UK’s exit from the EU, the Government has indicated that it will ensure that all unregistered community designs which exist at the point that the UK leaves the EU will continue to be protected and enforceable in the UK for the remaining period of protection of that right. This is entirely separate from the UK’s own unregistered design right, which protects the shape and configuration of an article at least for 10 years from the end of the calendar year in which it was first made publicly available.
Time scale possibilities
Our Continuing Service to You after Brexit
In order for Bailey Walsh & Co LLP to be best placed to meet our clients’ needs after the UK’s departure from the EU, we are establishing a new sister office in Ireland, which remains part of the EU. This will enable Bailey Walsh & Co LLP to continue to act before the EUIPO directly and apply for EU registered trademarks and community designs on behalf of our clients.
If you have any questions or would like further information regarding any of the above, please do not hesitate to contact one of our advisers, either by email at firstname.lastname@example.org or by telephone on 0113 243 3824.