News
AFTER BREXIT: WHAT WILL HAPPEN WITH YOUR EU TRADEMARKS AND DESIGNS?
The decision of the British people to leave the
European Union will have implications for all European institutions, including
European intellectual property rights, like trademarks, patents and designs.
However, it is not clear what will happen at
the governmental level, when the infamous Article 50 will be invoked, what will
be the future relationship between the EU and the UK and how long the
separation process will take. Let alone that anything is known about the
implications of the leave vote for EUIPO and EU Trademarks and Designs.
One thing is certain, at this moment the United
Kingdom is still a member of the European Union and therefore your EU
Trademarks and Designs are valid throughout the European Union, including the
United Kingdom.
In all reasonable probability, after the
separation is a fact, your registered trademark or design will still be valid
in the United Kingdom, with the same priority date of the EU Trademark or
Design registration.
We expect that there will be either an
automatical conversion of your EU Trademark or Design registration into a
national UK Trademark or Design registration. Or you will be asked to actively
file a confirmation application in order to convert your trademark or design
rights into a national UK registration.
We will of course keep you posted on the
developments.
What we advise you to do for now is: do not worry
and await the developments.
It is business as usual:
- If you wish to protect your trademark or design in a number of European countries, including the United Kingdom, the most sensible thing to do is still to file a EU Trademark or Design application.
- You can fully make use of your existing EU trademark and design rights, also in the United Kingdom.
- So there is in our view no need to file a UK national application.
CHANGES IN OFFICIAL FEES
As per 23 March 2016 a number of
changes have entered into force with respect to EU trademarks.
There has been a change in official fees. No more ‘three classes for one fee’
but one has to pay for each class covered in the application or registration.
The new official fee for an application in one class will be € 850, with an
extra class fee of € 50 for the second class, and € 150 for each additional
class.
The new renewal fees will be the same, which means a considerable
reduction in comparison with the old renewal fees. There are now also
slightly lower opposition, cancellation and appeal fees.
Our CTM2Protect fees in EURO per 23 March are as follows:
Trademark applications:
- 1 class 1200 (was 1250)
- 2 classes 1250 (was 1250)
- 3 classes 1500 (was 1250)
- every following class + 250 (was + 250)
Renewals (all EU trademarks due for renewal from 23 March):
- 1 class 1100 (was 1550)
- 2 classes 1200 (was 1550)
- 3 classes 1425 (was 1550)
- every following class + 225 was + 500)
CHANGE OF NAME OHIM AND CTM
OHIM’s name has been changed
to “European Union Intellectual Property Office” (EUIPO) and a Community
Trademark (CTM) will be renamed “European Union Trademark” (EUTM)
CTM2Protect will however not change its name.