March 4, 2020
Yes We Can (continue to represent in front of the EUIPO and EU Courts)
Yes We Can (continue to represent in front of the EUIPO and EU Courts)

We are not ripping off the famous tagline of the former US president. We are replying to one of the most frequently asked questions we have received about Brexit in relation to our capacity to represent clients and to act before the European Intellectual Property Office (EUIPO) and the European Courts, now that the UK has left the EU.

The answer is, yes we can and we will. 

EU law will no longer apply after the end of the transition period on 31 December 2020 and thus attorneys who are currently able to act before the EUIPO only as a result of their UK qualifications will no longer be entitled to act before European authorities. However:

Stobbs will be able to continue representing on a European level.

(i)               We have several EU  attorneys on our roster, who by virtue of their qualifications in other member

                  states of the EU, will continue to be EU attorneys; and

(ii)              we now have offices within the EU;

so nothing changes for us and nothing changes for our clients.

When it comes to filing, managing, prosecuting and defending UK and EU trade marks and designs, you will not have to involve any other firm but Stobbs.

There will be some changes regarding the extent to which EU trade marks and designs that are registered after the end of the transition period will be protected and there will be the need to file a separate UK trade mark or design once the transition period is over. Every EU trade mark or design that is already registered when the transition period ends, will not need to be filed again in the UK. They will be cloned automatically into identical national UK rights, so that the status quo is kept.

If you have any questions or if you feel that you may need some advice on your IP rights in relation to Brexit, please contact our team. We are sure to be able to assist.

 

 

 

Tags
Trademarks /  Brexit /  Designs & Copyright

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