Boult Wade Tennant is pleased to report that the UK Government has provided long-awaited comfort to the owners of EU Registered Trade Marks, EU Registered Designs, and also EU unregistered designs.
In a debate in the House of Commons on Thursday 19 July 2018, the Parliamentary Under-Secretary of State for Exiting the European Union, Robin Walker MP, said:-
“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 creative industries can therefore be confident that their existing intellectual property rights will not be diminished, and that the UK will remain one of the best places in the world to protect and enforce IP rights.”
There is much still to be determined. It is not clear whether this “cloning” will happen on 29 March 2019 or on 31 December 2020. It does not address the question of marks which are still pending applications at the leaving date, and it does not address registrations which are under non-use revocation attack or invalidation attack. It also does not address oppositions.
However, parliamentary statements are not expected to go to that level of detail. We expect to learn much more in the coming months, and we shall continue to update our website with news.