ACID members should be aware of recent Government advice is the UK leaves the EU without a deal and how to manage your trade marks. The advice relates to European Union Trade Marks only and sets out the changes they are making to UK law in the event of no deal.

Leaving the EU with a deal remains the government’s top priority; this has not changed. However, a responsible government must plan for every eventuality, including a no deal scenario. This will cover the impact on UK right holders, businesses, and other organisations. Information relating to registered Community designs and international trade mark and design rights will be published in due course.

• Trade marks are a form of intellectual property right. They commonly take the form of words, logos, or a mixture of both. They can be anything which is capable of being represented in a manner which is clear, precise, self-contained, easily accessible, intelligible, durable and objective. Trade marks enable consumers and businesses to differentiate the goods and services of one trader from those of another.
• To perform this function, they must be distinctive. Trade marks can be renewed every ten years on payment of a fee and may last indefinitely. You can apply at the Intellectual Property Office (IPO) of the UK for a right that covers the UK, or at the EU Intellectual Property Office (EUIPO) for an EU Trade Mark (EUTM) which covers the whole of the European Union (EU).
• Once the UK leaves the EU, any existing EUTMs will only cover the remaining EU Member States, and so will not provide protection in the UK. To ensure that UK protection is preserved, the government will provide holders of existing EUTMs with a comparable UK trade mark on exit day.
• This guidance relates to EUTMs only and sets out the changes we are making to UK law in the event of no deal. This guidance will cover the impact on UK right holders, businesses, and other organisations.
• Information relating to registered Community designs and international trade mark and design rights will be published in due course. For a link to the full advice provided by the IPO see here.

This complements the technical notice on trade marks and EU exit published on 24 September 2018.