Progress on Brexit Agreement for Trade Marks and Designs

19 March 2018

We reported on 28 February 2018 that the EU Commission had published the text of the draft Withdrawal Agreement setting out their vision for the withdrawal of the UK from the European Union.

Agreement has today been reached with the UK Government on the vast majority of the provisions dealing with trade marks and designs. These include the creation of a corresponding UK trade mark and design registration replicating any existing EU trade mark and design registration without the need for re-examination by the UK Intellectual Property Office.

Corresponding provisions are made for Community Plant Variety Rights (CPVRs). Negotiation between the parties continues on the positions adopted by the European Commission concerning the mechanism for registering an existing EU trade mark, EU registered design or CPVR with the UK authorities, and in general with regard to geographical indications and Supplementary Protection Certificates.

The text of the Agreement is still in draft. We will continue to monitor developments and keep you informed.

The published text can be found here.

Note: There is no mention of the position with respect to European patents because patents are unaffected by the withdrawal of the UK from the European Union.

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