Since the UK public voted to leave the European Union, in the June 2016 UK referendum on EU membership, speculation about the impact of Brexit on the UK and EU trademark regimes has been frequently described as an exercise in crystal ball gazing given the lack of clarity from each side as to their vision of the post-Brexit future with respect to trademarks.
However, matters have finally moved forward recently with publication earlier this autumn of the European Commission’s Position paper on the treatment of intellectual property rights in the context of Brexit negotiations (“EU IPR Paper”).1 Various industry bodies have also now set out their vision of the post-Brexit trademark world. Whilst Brexit negotiations as a whole remain in a highly fluid state, it appears to be an opportune moment to attempt a more detailed assessment of the impact of Brexit on the European trademark system.
The ‘ticking clock’
Under the dramatic title “IP and BREXIT: The facts”, the UK Intellectual Property Office (“IPO”) website points out that the UK remains a full member of the EU, subject to EU law and, furthermore, that registered EU Trademarks (“EUTMs”) continue to be valid in the UK. When can we expect this position to change?

Continue reading this story by Alec Cameron, Senior Legal Counsel (Intellectual Property and Digital Rights) at Telefónica S.A. completely free of charge by following this link.