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How will Trademarks protection remain after Brexit?
Source: lamoncloa.gob.es
Scenario without Withdrawal Agreement
The EU rules protecting these industrial property rights will no longer apply to the UK.
The rights, whose owner is an EU company or citizen, who are already registered at European level (EU mark) in the European Union Intellectual Property Office (EUIPO) or in other countries, will no longer be protected in the United Kingdom. the Community Registry of Geographical Indications.
Only those rights that have been registered or registered directly with the UK Protection Rights Office will be retained.
The antiquity of the right recognized at European level will be lost in the United Kingdom.
Nor can the EU trademark opposition procedure be applied in the UK.
It is recalled that the trademark application before the competent office of the United Kingdom may entail the payment of the fees that its trademark legislation establishes to protect that right.
Given the uncertainty, it is recommended that the right holder assess the need to initiate the registration procedure for trademarks in the United Kingdom.
Scenario with Withdrawal Agreement
Withdrawal Agreement: the holder of one of these rights registered in the European Union in accordance with the EU regulations (Regulation (EU) 2017/1001 on marks of the European Parliament and of the Council, and the regulations governing geographical indications: Regulation 1308/2013 (wines), Regulation 110/2008 (spirituous drinks), Regulation 251/2014 (flavored wine products) and Regulation 1151/2012 (other agricultural and food products)) will become the holder of other rights in the United Kingdom. sign, for the same goods or services.
Future relationship: indicates the commitment of the United Kingdom and the EU to establish a mechanism for cooperation and the exchange of information on intellectual property issues of mutual interest, such as the respective approaches and processes related to trademarks, designs and patents, as well as like other titles of industrial property, in his case (models of utility, etc).