France: Analysing Brexit’s impact on European trade marks and designs
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Analysing Brexit’s impact on European trade marks and designs

c963031c-805d-4f1a-9099-1548249f5b9fbrexit-min-2-final.jpg

In the latest international briefing for France, Aurélia Marie assesses the effect of Brexit on EU trade marks and designs

There are two possible scenarios following the vote on June 23 2016 in favour of Brexit: the agreement accepted by the European Commission on November 25, but not voted for by the UK Parliament is eventually accepted by the UK, or no agreement is found and the UK has to leave the European Union without any agreed rules on March 29 (hard Brexit).

In the first scenario, the agreement provides a transitional period from March 30 2019 to December 31 2020 and provides for the continuation of rights attached to European trademarks and designs in the UK. In addition, during this transitional period, the UK will remain subject to all European regulations.

EU trademarks will give rights for their remaining duration to national comparable trademarks in the UK with no new examination. The same rules will apply for registered designs and non-registered designs.

For pending filings, an extended priority period of nine months to file nationally in the UK after the end of the transitional period for both trademarks and designs is provided

An EU administrative or court action pending on December 31 2020 (EUIPO or ECJ) will have effect in the UK even if the decision is to occur after the transitional period, except if the grounds of the decision are not applicable in the UK.

If no agreement is established, on March 29, the UK will become a "third country" to the EU. There is no current UK regulation to cover what will happen to EU trademarks and designs, only drafts. However, these drafts seem to provide similar provisions to those in the agreement.

As the amount of fees for renewal is unknown, it may be beneficial for registrants to renew all EU trademarks or designs that can be renewed before March 29.

marie.jpg

Aurélia Marie

Cabinet Beau de Loménie

158, rue de l’Université

F - 75340 Paris Cedex 07 France

Tel: +33 1 44 18 89 00

Fax: +33 1 44 18 04 23

contact@bdl-ip.com

www.bdl-ip.com

more from across site and ros bottom lb

More from across our site

High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Gift this article