Brexit is the process by which the United Kingdom is set to leave the European Union.
Brexit has been mandated following the result of a referendum which took place in the United Kingdom on 23 June 2016.
The United Kingdom is scheduled to leave the European Union on 31 January 2020.
Impact of Brexit on Trade Marks and Industrial Designs
Brexit will have an impact on the protection, enforcement, exploitation and maintenance of Trade Marks and Designs in both the European Union and the United Kingdom.
If you are concerned about the maintenance and enforceability of yourTrade Marks and Designs after Brexit and you wish to discuss your concerns and requirements, TIERNEY IP can help. Please email us at firstname.lastname@example.org or call +353-1-2544116 for further guidance and assistance.
Position of Ireland after Brexit
After Brexit, Ireland will be the largest country in the European Union with English as its mother tongue. This is significant as all courts and tribunals (e.g. the Intellectual Property Office of Ireland) in Ireland hear and determine cases in English, as a matter of course.
Ireland will also be the largest and oldest common law jurisdiction in the European Union after Brexit.
Our founder, Níall Tierney, is a citizen of Ireland who has, and will continue to have, the right to represent clients before the European Union Intellectual Property Office after Brexit.
As a United Kingdom Registered Trade Mark Attorney, Níall also has the right to represent clients before the United Kingdom Intellectual Property Office (UKIPO). During his time in the United Kingdom, Níall built up considerable experience in prosecuting Trade Mark and Design matters before the UKIPO.
Importantly, any advice given by Níall on matters relating to European Union Intellectual Property law will have the protection of legal professional privilege after Brexit.
In his Brexit Briefing note, Níall Tierney discusses the impact that the departure of the United Kingdom from the European Union will have on Trade Mark and Design rights.
“Brexit – Impact for British brand owners.” Níall Tierney outlines the options available to British owners of EUTMs after Brexit.
Further information about the impact of Brexit for applicants and holders of EU Trade Mark and Designs can be found by clicking on the EUIPO’s dedicated information hub
Information from the Intellectual Property Office of Ireland on how Brexit will impact Irish Intellectual Property law can be found by clicking on IPO’s dedicated page.
Information from the United Kingdom Intellectual Property Office on how Brexit will impact UK Intellectual Property law can be found by clicking on the UKIPO’s dedicated page.