According to a notice of the European Commission (Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs) of 22 January 2018, EU trade marks and EU designs (“registered Community designs”) registered before the withdrawal date, (= before 30.3.2019), will continue to be valid in the remaining EU27 Member States, but not any more in the United Kingdom.

Applications filed before this date will no longer be valid in the UK thereafter. All rights of the EUIPO will then only affect the remaining 27 EU member states.

Any rights relating to seniority relating to EU trade marks will cease to apply as of the withdrawal date.

Owners of internationally extended EU trademarks and/or designs, which have been extended to other countries (Madrid system for the international registration of marks respectively the Hague system for the international deposit of industrial designs), should be aware that these apply only to the 27 remaining states. The United Kingdom is thus no longer included in the scope of protection, as it will become a third country.

The EU Commission points out that owners of EU trademarks or EU designs should prepare for Brexit and cannot rest assured that regulatory steps by public authorities will occur.

According to the EU Commission’s notice, it should be kept in mind that companies and persons having their registered office in the UK only will have to be represented before the European Union Intellectual Property Office and therefore need a representative in accordance with Art. 120 (1) of Regulation (EU) 2017/1001 (concerning trademarks) and Art 78 (1) of Regulation (EC) No. 6/2002 (concerning Community designs) for all proceedings except for the filing of a trade mark or design. We as lawyers in Wels can assist you with such tasks.

Dr. Christopher Straberger has been admitted to the EUIPO (European Union Intellectual Property Office) for many years as a European Trademark and Design Attorney

Der Beitrag EU Trademarks, Community Designs (EUIPO) – Impact of a hard Brexit erschien zuerst auf Rechtsanwaltskanzlei in Wels.

The impact of a hard Brexit is described in the Notice of the EU Commission (Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs) of 22.1.2018: The United Kingdom will become a third country from the date of its departure (30.3.2019), and all EU trademarks and designs will no longer apply to it.

Possible regulations:

On 1.2.2019, the Government of the United Kingdom published the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (Draft) http://tinyurl.com/y48kqw7x) by which an additional unregistered design right and, at the same time, automatic corresponding rights are granted for the United Kingdom.

In addition, the UK Government has envisaged that statutory regulations will be made by which EU trademarks and designs will all be automatically “cloned” in the UK trademark registry on March 29, 2019, at no cost.

This is regulated in Article 54 of the abovenamed draft, which states that : „the holder of a European Union trade mark registered in accordance with Regulation (EU) 2017/1001 of the European Parliament and of the Council1 shall become the holder of a trade mark in the United Kingdom, consisting of the same sign, for the same goods or services”.

Note: So far, however, such a scheme has not been released. In the case of a hard Brexit EU trade marks provide rights only for the EU and will lose them for Great Britain. The United Kingdom Intellectual Proerty Office (UKIPO) seeks to ensure that EU trademarks will continue to enjoy trademark protection in the United Kingdom after the date of withdrawal. However, the Parliament has not approved this rule.

Holders of EU trademarks and / or designs who are based in the UK must appoint an accredited representative before the EUIPO for post-departure procedures. We as lawyers in Wels can assist you with such tasks.

Dr. Christopher Straberger has been admitted to the EUIPO (European Union Intellectual Property Office) for many years as a European Trademark and Design Attorney

In addition, owners of EU trademarks may consider as a precaution – for existing and also parallel to future EU trademark applications – to register trade marks in the UK (the same applies to EU designs). If the EU trade mark is not older than 6 months, the priority of the EU trade mark can also be claimed. This additional application for the United Kingdom can easily be done by means of international registration. We will be happy to assist you if you have questions.

Der Beitrag Brexit – EU Trademarks, Community Designs (EUIPO) erschien zuerst auf Rechtsanwaltskanzlei in Wels.

Motion and Multimedia mark

These are animated logos – often known as GIFs. Such can now be registered as trademarks. Motion marks consist of a movement or a change in the position of a trademark element. Multimedia marks combine image and sound. Such can now also be registered in Austria and not only in the EU (EUIPO)

We as lawyers in Wels can assist you with such tasks.

Dr. Christopher Straberger has been admitted to the EUIPO (European Union Intellectual Property Office) for many years as a European Trademark and Design Attorney

Other types:

Word mark

A word mark consists exclusively of words or letters, numbers, other typographic signs or a combination of them that can be typewritten.

Figurative mark

A figurative mark consists only of picture elements and can be colored. It contains no word components ..

Figurative mark with word elements *

A figurative mark in combination with word elements

Shape mark

A shape mark consists of a three-dimensional shape or extends to it. It may include containers, packaging, the product itself or its design.

Shape mark with word elements *

A shape mark containing word elements.

Position mark

Such a trade mark consists of the particular placement or affixing of the mark on the product.

Pattern mark

consists entirely of a series of elements that are repeated regularly.

Color mark

A color mark is a mark consisting of a single color (without outlines) or of a color combination

Sound mark

A sound mark consists exclusively of a sound or a combination of sounds.

Motion mark

A trade mark consisting of a movement or change of position of the elements of the mark – recordable by e.g. consecutive still images or a video file.

Hologram mark

Hologram marks consist of elements with holographic features.

Der Beitrag Types of trademarks EUIPO and Austrian Patent Office erschien zuerst auf Rechtsanwaltskanzlei in Wels.

The lecture contained in particular the following areas:

Judicature

• Intellectual Property
• Competition / Antitrust
• Money Laundering
• Procedural Law

Legislation

• Procurement Law
• Uniform Patent
• Consumer Law
• Criminal Law

Der Beitrag Dr. Straberger – Lecture About EU Law in Gibraltar erschien zuerst auf Rechtsanwaltskanzlei in Wels.