With the political uncertainty and unknowns over the UK’s possible exit from the EU, there is understandably a lot of IP related confusion. This toolkit aims to deliver pertinent information to all types of businesses, so that you can meet any Brexit related IP challenges head on. This information was last updated on 12 April.
Boult Wade Tennant – a European Firm
Boult Wade Tennant have prepared for all possible outcomes. Should the UK leave the EU, you will be able to continue to instruct your usual advisors and your instructions will be carried out before the EUIPO. We have three mechanisms in place to ensure a seamless service to our clients.
Patents are unaffected
Brexit does not affect European patents. Boult Wade Tennant LLP will continue to have full rights of audience before the European Patent Office.
What happens to existing EU trade mark and design applications and registrations?
Currently the UK is a member of the EU, and so EUTM and RCD registrations are valid in the UK. If the UK leaves the EU, EUTMs and RCDs will continue to be valid in the remaining 27 EU Member States. UK individuals and businesses will still be able to register EUTMs and designs, but these will no longer cover the UK.
Renewal of Registered EU Trade Marks and Registered Community Designs
If the Brexit date is 31 October 2019, then all EUTMs and RCDs with renewal dates on or after 31 October 2019 will require separate UK renewal. Even if the EUTM’s renewal fee, or the RCD’s renewal fee, has been paid in advance, before 31 October 2019, the UK cloned right, created on 31 October 2019, will still require separate UK renewal.