The World Intellectual Property Organisation (WIPO) which is responsible for trade mark registrations under the Madrid Protocol has issued guidance on the implications of a no-deal Brexit for International registrations held by UK nationals or legal entities.
This is good news for right holders as the guidance confirms that UK nationals or entities that hold International registrations based on an EU registration will not have their rights affected by a no-deal Brexit and will continue to enjoy the same level of protection.
As the applicants of such registrations were members of the European Union at the time of filing the requirements under the Madrid Protocol are deemed to have been met and UK nationals or legal entities can continue to hold International registrations based on an EU right.
This applies to both registrations and pending applications for International registrations.
After Brexit UK nationals or legal entities will still be able to file International applications as the UK is a member of the Madrid Protocol in its own right.
To read the full guidance please click here.
If you would like to discuss the implications of Brexit on your Intellectual Property rights then please do not hesitate to contact us..