Brexit and IP: Your FAQs answered
Welcome to our FAQs on Brexit and your IP. Please click the questions in the list below to read the detailed responses. If you have any questions about Brexit and your IP portfolio that aren't covered below, or would like to speak to an IP adviser for detailed responses, don't hesitate to get in touch with our Brexit taskforce.
Cloning of EU rights
How is Novagraaf handling the automatic cloning of trademark and design rights, and are the new rights visible in EasyIP?
What number has been given to my new UK cloned right and am I able to easily identify other clones on the UKIPO register?
Where an EUTM is opposed and the applicant has requested the UK conversion, if the EUTM is then rejected, does the UK-converted trademark right remain valid?
Do I need to appoint a UK representative to file an application for a conversion from a pending EUTM?
If my EU renewal is due in 2021 but I renewed it early, in 2020, will this mean I avoid having to file a separate UK renewal?
If a third party opposes the UK designation of my IR, and the UK designation is denied protection, will I still have a UK cloned right deriving from my EUTM and will this clone be submitted to a new opposition period?
Can I extend the opposition period in the UK if I am waiting for a converted UK application to be filed?
If the opposition deadline for a UK application fell after 31 December 2020, but the application itself was filed before 31 December 2020, can I still rely on my EU right to oppose the UK application?
Use and reputation
How has the end of the transition period impacted the use requirements for my EU registration and my new UK clone?
- UK perspective:
- EU perspective:
If a corresponding UCD was established before 1 January 2021 through first disclosure in the EU but outside of the UK, this will not affect the validity of the continuing unregistered design.
- people resident in the UK or a qualifying country
- businesses formed under the laws of the UK or a qualifying country
Where qualification is a result of first marketing, you will need to have disclosed your design in the UK or a qualifying country.
It is not possible to have ‘dual disclosure’ of a design in both the UK and the EU, first disclosure can only be in the UK or EU. Protection will be given in the jurisdiction where first disclosure of the design occurs.
Has the end of the transition period impacted my existing customs notice and if so, do I need to file a new one?
If my EU designation of an IR has an EU representative appointed, has this been cloned in my UK right?
If my EU designation of an IR has no representative appointed, has the WIPO representative been recorded in the cloned UK right?
Where there is no representative for my EU designation and the WIPO representative is not included in the UK right, is my UK registration ‘orphaned’? Does a UK representative need to be appointed?
Supplementary Protection Certificates (SPCs)
- MAs which have been converted from existing EMA MAs: valid across the whole UK;
- MAs granted by the EMA: valid for NI;
- MAs granted by the MHRA: valid in England, Scotland and Wales only.
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