‘Brexit’ and ‘Exit Day’ - The Implications for European Trade Marks & Community Designs
Following Brexit on 31st January 2020, this special half-day course will consider the advice that could usefully be given to clients in order to maximise their trade mark and design protection after “Exit” day, presently set for 11 pm 31st December 2020 when the Transition Period ends. From that time, European Trade Marks and Community Designs will no longer be of effect in the UK, but will be replaced by new UK-specific rights: Comparable Trade Marks; Re-Registered Designs; and Supplementary Unregistered Design.
Alternative routes for obtaining protection in Europe (and many other countries) will be discussed, including the respective benefits, pitfalls, cost and timings.
What You Will Learn
This course will cover the following:
- How the new UK “Comparable Trade Mark” mechanism will operate
- The present position of proprietors and applicants for European Trade Marks (“EUTMs”) and Community Designs, both registered (“CRDs”) and unregistered (“CUDR”/“UCD”)
- Conversion of EUTMs to one or more national/domestic Trade Marks - when, why and how might this important mechanism be invoked?
- The present potential danger of using an EUTM in only one or even a few EU countries - and especially if the EU Trade Mark is in practice only used in the UK - what actions clients could take if in such a position
- Applying for Trade Marks in several countries on a national office by office basis. Does anyone really still do that and if so, why?
- Applying for international Trade Marks under the WIPO Madrid Protocol mechanism. How it works, the likely cost and time to grants
- Community Designs - the need to act swiftly if an application or grant has been made within one year of the underlying design being made 'public'
- The potential difficulty and uncertainty as regards UK rights where the underlying design was made 'public' more than one year ago
- Replacement of CUDR on Exit Day by UK Supplementary Unregistered Design Right (“SUDR”). How this new right will operate
- The important 2019 European Court decision in Cofemel and its likely effect on the protection of designs in the UK. Might that continue post-Exit?
- What is the WIPO 'Hague System' for international designs and can British nationals use it? If so, how and at what cost?
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme