Trade marks and designs post-Brexit

EUUK-flagIt is important for the role of intellectual property (IP) rights and the role Chartered Trade Mark Attorneys play to be considered at every step of the Brexit negotiation process.

Since the European Union (EU) Referendum result was announced in June 2016 we have taken a lead on developing options and solutions for the continued protection of registered EU IP rights in the UK. We are also leading on ensuring the rights of our members to represent their clients and organisations before the EU Intellectual Property Office (EUIPO).

We are asking our members to write to their local MP about the impact of Brexit on the UK IP profession. If you would like to receive our letter template, please email richard@citma.org.uk

Pending EU trade mark applications 

We set out the disadvantages of the approach set out in Article 55 of the European Commission's draft withdrawal agreement. The statement, sent to the European Commission, is signed by BMM, CITMA, FICPI-UK, IP Federation, MARQUES and The Law Society. 

Click here to read the statment

APPG on Legal and Constitutional Affairs inquiry 

In May 2018 we submitted evidence to the The All Party Parliamentary Group (APPG) on Legal and Constitutional Affairs' inquiry on the effect of Brexit on the provision of legal services.

Click here to read our submission

Pan-European Brexit IP statement

The statement, signed by AIM, APRAM, BMM, CITMA, ECTA, INTA and MARQUES, sets out proposed solutions to some of the issues posed by IP post-Brexit.

Click here to read more

UK Government confirms position on EU registered trade marks and designs

The UK Government published a paper which signals its intention to grant all European Union registered trade mark and design right holders an equivalent UK right after the end of the transition period, which is planned to end on 31st December 2020. 

Click here to read more

This followed the publication of the European Commission's draft withdrawal agreement. Click here to read more.

Trade marks, designs, business and Brexit

A case for clarity, collaboration & concerted action

Clarity, collaboration and concerted action from government is needed to protect UK business and our world-leading intellectual property sector. Our business case sets out why the rights of Chartered Trade Mark Attorneys to represent clients and businesses before the EUIPO is of paramount importance and why those rights must continue after Brexit. 

We also set out the need for certainty on the protection of EU trade mark and registered design rights in the UK.

Click here to read the report

Joint letter to the Lord Chancellor’s Brexit Law Committee

Intellectual property law and Brexit - summary of main requests for the UK Government

We, along with the Law Society, Intellectual Property Bar Association, IP Federation and CIPA wrote a joint letter to the Lord Chancellor’s Brexit Law Committee. It outlined key considerations and recommendations the UK Government must consider in relation to intellectual property following the UK's exit from the European Union.

Click here to read the full letter

Our Brexit position paper

We are pleased to publish and share our position paper on post-Brexit registered intellectual property rights (trade marks and designs) and rights of representation.

In the eight-page document we have pulled together our latest work on rights of representation and registered trade marks and designs - making clear our position on them and the surrounding issues.

Click here to read our Brexit position paper

Trade marks

Numerous scenarios exist for how trade mark registrations in a post-Brexit United Kingdom and Europe could look. 

Click here for our detailed analysis of these scenarios

Click here to read our seven scenarios for post-Brexit trade marks

Registered designs

Similar to trade marks, there are a number of ways EU Registered Community Designs could be handled post-Brexit.

Click here for detailed anaylsis of our registered designs scenarios

Click here to read our initial scenarios for post-Brexit Registered Community Designs

Professional rights of representation

CITMA's primary objective on professional representation rights is to work with the UK Government to ensure that the terms of any settlement with the EU will include the ability for UK Chartered Trade Mark Attorneys to continue to act before the EUIPO.

Click here to read our August 2016 briefing 

Click here to read our January 2017 briefing