What are the key issues?
The UK is due to leave the EU on 29 March 2019. After that
date, in the absence of any formal arrangements to the contrary, EU
trade marks will cease to have legal effect in the UK. It
also looks likely that UK attorneys will lose their rights of
representation before the EU Intellectual Property Office (EUIPO),
meaning they will no longer be able to represent EU trade mark
owners directly before the EUIPO.
It is anticipated that provisions will be in place to allow
existing EU trade marks (including those obtained via the Madrid
System of International Registration) to continue to have effect in
the UK but, at present, the details of such provisions remain
undecided. The future rights of UK attorneys are also the
subject of debate. The UK Intellectual Property Office
(UKIPO), the Chartered Institute of Trade Mark Attorneys (CITMA),
and other relevant organisations are making concerted efforts to
ensure that these issues are not