EUIPO resumes UK trademark oppositions after Brexit extension
The European Intellectual Property Office (EUIPO) has reinstated opposition and invalidity proceedings that are based solely on UK rights.
The decision, which was made on April 12, comes after the European Union (EU) and the UK agreed to extend Article 50 until October 31.
The proceedings had been suspended since February 22, when the executive director of the EUIPO said the office would not issue any decisions or accept new proceedings before the UK's withdrawl from the EU.
Kate O’Rourke, a partner at Mewburn Ellis in London and the Chartered Institute of Trade Mark Attorney’s Brexit negotiator, told WIPR that parties on both sides of disputes had “been in limbo” while the proceedings were suspended, and could now proceed with their cases.
But she warned that if no agreement is reached by October 31, any pending actions based solely on UK rights will then be dismissed.
Additionally, she stressed the EUIPO could re-implement the suspension if there is no progress with negotiations closer to the October date.
“This is good news because we now know cases will resume, but we never know when the EUIPO may do it again, which causes uncertainty,” O’Rourke added.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories:
NPE sues Louis Vuitton over smartwatch patents
UKIPO invalidates Cadbury’s purple TMs after Nestlé opposition
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk