We expect transitional provisions to protect registered design right holders’ rights
The legislation governing EU Trade Marks (EUTMs) and Registered Community Designs (RCDs) is entirely silent on what happens to those IPRs when a country leaves the EU. Some possible scenarios are:
The “worst case” is that, once the UK has left the EU, EUTMs and RCDs will simply cease to cover the UK. In that scenario, if IPR owners do not also own corresponding UK registrations, their UK rights will be lost.
More positive outcomes are that (i) the UK will enact national legislation which would deem that EUTMs and RCDs extend to the UK or (ii) the UK and the EU will agree that EUTMs and RCDs can be “converted” (such that new identical UK trade mark and design registrations would be created out of the corresponding EUTMs and RCDs).
Given that the UK will remain a member of the EU for some time, and given also that we think it less likely that, post-exit, EUTMs and RCDs will simply cease to cover the UK, we do not recommend at this stage that you take further action (e.g. to re-file for your marks in the UK). However, we shall monitor developments and provide further guidance as the position becomes clearer.