The following IP practice note produced in partnership with Kilburn & Strode LLP provides comprehensive and up to date legal information covering:
The most significant impact of Brexit on trade marks is that the UK will no longer be subject to Regulation (EU) 2017/1001 and therefore, from the end of the implementation period (11.00 pm on 31 December 2020 (IP completion day)) EU trade marks (EUTMs) are no longer protected in the UK.
Holders of EUTMs which are registered immediately before IP completion day automatically become the holder of a comparable trade mark registration in the UK. These UK rights retain the filing dates recorded against the corresponding EUTMs and will also inherit any priority and/or seniority dates. They are fully independent UK trade marks which can be challenged, assigned, licensed or renewed separately from the original EUTM and therefore can be protected in the same way as any other UK trade mark.
Where the EUTM from which the comparable trade mark is derived is an EU collective mark or EU certification mark, the comparable trade mark is treated as either a UK collective mark or UK certification mark (as the case may be).
This Practice Note contains references to case law of the Court of Justice. Broadly, EU judgments handed down on or before 31 December 2020 continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part,
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