In the various figures, projects or processes of coordination at European level concerning the Industrial and intellectual property, undoubtedly the Community Design and the Mark of the European Union will be one of the most affected figures, as indicated our expert Gilberto Macías :
Since June 23 the citizens of the United Kingdom voted to leave (Brexit) the European Union (EU), this decision will lead to significant changes in the field of Intellectual Property, with the figures of the mark of the European Union ( MUE) and Community design (DC) two of the most affected.
However, it is important to note that these changes are not immediate and, in theory, are not expected until within a period of 2 years at least.
Therefore, current records MUE and DC are completely valid both in the UK and the rest of the territory of the Union, so that, for now, do not make any changes or make any decisions, because there is no any impending loss of rights.
Indeed, until the EU and the United Kingdom agree to the conditions of departure, it will be time to assess the protection they have from that moment holders MUE and DC, as well as designing the strategy adequate and suitable protection to follow in each case.
Today we can only talk about speculation, but most likely is that once confirmed departure, the scope of protection of the EU Community trademarks and designs entirely excluded from the territory of the United Kingdom. So, if you want to protect a trademark or design in both jurisdictions, they will have to submit two separate applications.
However, to avoid the loss of rights, surely a transition period will be established for community records can be converted into national registries in the UK maintaining the original filing date.
This issue, along with some more – seniority claimed a prior right English; revocation for non-use; English professional representation of holders (in theory English lawyers can not act before the euipo); validity of the use of an EU brand in the UK; unregistered rights protection in the UK in the EU; protection of unregistered Community design in the UK; etc. – Will have to be expressly regulated by an agreement or treaty between the EU and the UK.
Until then we can not provide comprehensive advice on the steps, however, we will be reporting on any news promptly to provide the best possible advice.
Therefore we will be very attentive to the news published on this matter, and certainly the scenario that is set to be a transition period to avoid loss of rights.