29. März 2018
The EUIPO has issued a question and answer document (dated 18 January 2018 but published on 30 January) relating to Brexit and EUTMs and RCDS.
It has also issued a revised Notice first published on 5 December 2017 and updated on 22 January 2018.
The Q&A document addresses what will happen if there is no deal or transitional period on 31 March 2019. The answers correctly point out the many reasons why, for brand owners, it is important that the UK government introduces legislation to provide continuity of protection within the UK from EUTMs and RCDs ceasing to apply there and for both the UK government and EU27 Member States to negotiate an outcome that otherwise provides for the minimal loss of rights at minimal cost and with minimal disruption, as MARQUES, INTA and other representative organisations are all seeking. It effectively highlights the “cliff edge” scenario that the EU Commission and the EU27 negotiating team have alluded to in some of their public statements about Brexit. All those with a vested interests in brand protection in the EU are clear that this would not be in the best interests of brand owners.
Whilst it is very welcome to see public statements aimed at giving brand owners greater certainty of what is going on, there are some aspects of the EUIPO’s Q&A document that may be open to criticism. In particular, some answers suggest there is certainty in areas where there may be doubt and others that suggest there is doubt where there seems to be reasonable certainty. Examples of this include the following:
Members of Taylor Wessing’s international trade mark and designs team are currently active in a number of the professional industry bodies that are seeking to have brand owners’ interests protected in the Brexit negotiations. If you would like to know more about this, please get in touch with your usual Taylor Wessing contact or Roland Mallinson in the London office, who chairs the MARQUES Brexit Task Force. We welcome the opportunity to share the benefit of our involvement in the consultations that are underway and to assist clients in securing outcomes that are in their business interests.
von Roland Mallinson
von Roland Mallinson und Elena Glengarry
von Roland Mallinson und Louise Popple