Trademark Brexit question...

[dablue]

Hi Folks,

I've read around how Brexit will likely impact on trademark holders, specifically businesses who hold EU CTMs. Apparently as of March 2019, unless new treaties and laws are drafted, all EU CTMs will cease to cover the UK.

The general consensus I seem to be be reading is that lawyers think that existing CTMs will eventually be recognised by the the UK IPO - in effect CTMs will possibly become new UK trademarks. Obviously lawyers are recommending to cover your bases and apply to have your trademark covered in the UK via the IPO if you want to protect your mark in the UK...

I've sent this question through to the IPO, I've not had a reply back yet, but I'm interested to get thoughts on this...

A company applies for a UK trademark but it is refused.
The same company applies for the "same" trademark as a CTM and it is accepted.
Right now that CMT is valid in the UK, but come March 2019 what do you think will happen?

In my view I think it is reasonable that the trademark was initially refused by the IPO, but I'm at a loss as to what will happen come March 2019... Maybe everyone else is?!

Thanks in advance for any thoughts.

 

[dablue]

Bumped - anyone got any thoughts on this?

Thanks

 

[surreyaces]

An interesting question!

In my view, the mark will continue to be protected in the UK after Brexit. Although nothing has been decided yet, I believe that the current preference is for a system whereby ALL existing EUTM registrations would be automatically entered onto the UK trade mark register as UK trade mark registrations with the same scope of protection and registration date.

 

[thelegalstop]

I would agree that although it's not yet decided, it is likely to be a part of the negotiation and will be implemented into the UK law. The Government's priority seems to be implementing all EU law into the domestic statue book, before deciding on what to change, and/or drop, if anything at all

 

[Mr D]

A lot will depend on the negotiations and the votes to accept the results.
If the agreement is rejected then expect a busy few months for parliament.

Last I looked 28 states had to agree the deal. I'm not sure Britain will vote to accept, never mind the others.

 

[Newchodge]

In the words of that obnoxious advert

I don't know. NOBODY knows.

 

[The Byre]