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Brexit

UK trade mark watching
1st January 1970
UK trade mark watching

At present, the UK is still scheduled to leave the European Union on 12 April 2019. After exit day, all European Union Trade Mark rights will be cloned on to the UK Trade Mark Register without further notice. Therefore, the number of potentially conflicting trade marks on the UK Trade Mark Register will increase significantly.

With the above in mind, you may wish to enter in to a watching service in order to be notified of the newly cloned UK national rights after exit day. If you are interested in entering in to a watching service, please do let us know and we will provide costs.

 

Why a Watching Service?

 

A watching service is the most cost-effective way of policing a trade mark. In many countries, Trade Mark Registries do not examine applications having regard to conflicting earlier rights but rather leave it to the earlier rights holder to monitor and oppose conflicting applications. A watch service can provide you with adequate warning, giving you the opportunity to send the applicant a “cease & desist” letter, file an opposition and generally monitor the Registers for marks that could dilute the distinctiveness of your own.

 

What is a Watching Service?

 

A screening system whereby details of identical/similar marks recently filed and/or published in the classes and countries of interest to you are notified to us for review.

 

How does it work?

 

The watching service is operated using sophisticated screening software and is handled by an outside provider instructed by us. Identical/similar marks in the classes and countries of interest to you are notified to us. We review the notifications and make an assessment as to whether we think the mark reported might be in conflict with your mark, and, if so, we report it to you with our advice.

 

Brexit and IP

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