NGE On Demand: Trademark Updates Post Brexit with Andrea Fuelleman
The VIA Art Fund opposition and appeal decisions provide an important reminder for those seeking to enforce registered trade mark rights in the UK. While incorporating a figurative element to a descriptive mark can enhance...more
We would like to bring to your attention that there are new “address for service” rules coming into effect on 1 January 2024 at the UK Intellectual Property Office (UKIPO) which may have an impact on your trade mark...more
On 16 August 2022 Mr Geoffrey Hobbs KC handed down an Appointed Person decision (“MARCO POLO”) in which he held that the UKIPO is not entitled to serve proceedings on a trade mark proprietor outside of the jurisdiction if no...more
NGE Intellectual Property attorney Andrea Fuelleman discusses the potential implications of Brexit on the status of trademark rights and registrations in the EU and UK as of January 1, 2021. If you have any questions,...more
With the United Kingdom’s withdrawal from the European Union, companies must reconsider the implications of doing business in the UK and the EU, including how Brexit affects the company’s intellectual property rights....more
As a consequence of Brexit, December 31, 2020, marked the end of the extension of European Union trademark and design rights to the United Kingdom. The UK Intellectual Property Office will provide an automatic extension of...more
As you may be aware, the transition period for Brexit and the withdrawal of the United Kingdom from the European Union likely ends on December 31, 2020. The completion of the withdrawal initiated February 1, 2020, will have...more
From 1 January 2021 the United Kingdom will cease to follow EU rules, bringing significant changes to trademark law in the United Kingdom and European Union that are relevant to all owners of UK and EU trademarks....more
An address for service (“AFS”) is required in order to correspond with the UKIPO and for the purposes of proceedings relating to IP rights in the UK. The AFS rules currently require that address to be in the UK, Channel...more
From the end of the transition period on 31 December 2020, EU Trade Marks (“EUTMs”), International Trade Mark Registrations designating the EU (“IR(EU)s”), registered Community Designs (“RCDs”) and International Design...more
Trademark owners with registrations in EU where the UK is designated should soon receive notification for treatment of registrations and applications following the Brexit transition period. The Brexit transitional period,...more
On 28 September 2020, the UK government made the Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (IP Regulations 2020), which amend the intellectual property (IP) regime in the UK to reflect Brexit-related...more
In the current climate, we understand that businesses are looking to make cost savings while maximizing the return on their spend. Here are some simple measures that organizations should explore to make the most of their...more
As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer. ...more
After years of angst and political uncertainty, the United Kingdom officially left the European Union on January 31, 2020, and its departure gave rise to many questions regarding the future of intellectual property rights in...more
European and UK patents are not impacted by Brexit. The European Patent Office (EPO) is established under the European Patent Convention (EPC). The EPC is separate from the European Union and the UK is, now, one of several...more
Brexit is upon us, and trademark owners are asking how their rights might be impacted in the United Kingdom. On January 31, 2020, the United Kingdom is set to officially depart from the European Union. EU trademark...more
A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly...more
In the event of a “no-deal” Brexit, IP rights in the UK will be impacted. However, the UK has put in place various provisions to protect IP rights holders. Owners of European Union (EU) trade mark registrations,...more
To the interest of many a scouser and football fan alike, Liverpool Football Club’s attempt to register as a UK trademark LIVERPOOL has been rejected by the UKIPO on the grounds that the word is of “geographical significance”...more
With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year? EU trade marks in the UK - Once the UK leaves the EU, existing EU trade marks (EUTMs)...more
The United Kingdom is likely to exit the European Union on either March 29, 2019, or on December 31, 2020, depending on whether there is “a deal” (there’s always a chance the parties extend the negotiations or the UK revokes...more
The Trade Mark Directive (EU 2015/2436) came into force in the UK on 14 January 2019, in the form of the Trade Mark Regulations 2018, bringing about a number of key changes to UK trade mark law. ...more
In light of a possible no deal Brexit, businesses need to consider the impact such a scenario would have on their intellectual property rights, in particular trade marks, designs, patents and copyrights. For the majority of...more
The European Commission has produced a draft withdrawal agreement (the “Agreement”) chartering the path of the UK’s withdrawal from the EU. In the coming weeks, the Council of the European Union and the Brexit Steering Group...more