Trade Marks
Brexit and the Conversion of Refused EU Trade Mark Applications
October 18, 2019
Expected deadline change for Conversion of EU Trade Mark Applications that have been refused since 1 August 2019.
Purpose
This communication relates to EU Trade Mark Applications or EU designation in an International trade mark registration that have been refused since 1st August 2019.
Background
As you are no doubt aware, there is still no certainty about Brexit and how the UK is going to leave the EU. The earliest date on which the UK is expected to leave and on which the full effects of that departure will be felt is 23:00 (UK time) on 31 October 2019. It is our view that we should all be ready for such a departure at that time and this communication is based on a UK exit on that date with no transition provisions.
Normal practice
It is normal practice in connection with refused EU trade mark applications that conversion of the EU application into national applications is possible for all countries of the EU where the reason for the refusal does not exist. The deadline for the application for conversion is the final refusal date plus 3 months.
Brexit practice
For conversion to a UK national application the deadline for requesting conversion is 30 October 2019 irrespective of the normal deadline for requesting conversion.
Action
If conversion to a UK application is contemplated make sure a decision and any resultant action is made and taken soon. If we can assist please contact your usual contact at Swindell & Pearson or Antony Gallafent at [email protected].
Swindell & Pearson have provisions in place to allow us to continue to represent our clients before the EU Intellectual Property Office (EUIPO) and we will be very happy to assist you and your clients in the UK and or before the EUIPO in connection with trade marks and or registered designs. Our ability to act before the European Patent Office (EPO) will be unchanged.