21 July 2017Trademarks

CITMA calls for rights of representation before EUIPO after Brexit

The Chartered Institute of Trade Mark Attorneys ( CITMA) has called for all current practitioners to be able to represent their clients before the EU Intellectual Property Office (EUIPO) following Brexit.

CITMA published a paper outlining its Brexit position yesterday, July 20.

“For UK and international businesses, in particular the creative industries, it is vital that the UK retains strong trademark and design systems post-Brexit, and that the cost and disruption to owners of existing EU trademark and design rights is minimised,” said the paper.

The paper added that rights of representation before the EUIPO is “unquestionably one of the most important issue” currently for the profession.

If the UK remains a member of the European Economic Area (EEA), then rights of representation will be maintained, according to CITMA

“Further to this we believe that UK chartered trademark attorneys should be granted rights of representation at the European General Court and the Court of Justice of the European Union to allow them to represent their clients at all levels of the justice system,” said the paper.

CITMA is also campaigning for existing EU-registered trademark and design rights to continue to cover the UK following Brexit.

Currently, the European Union trademark (EUTM) system allows a trademark to be registered in all EU member states with a single application. The EU’s Registered Community Design (RCD) works in a similar way.

“The most logical way to achieve minimal disruption and cost burden to business is to ensure the UK continues to be part of the current system and IP practitioners retain existing rights of representation,” said CITMA.

CITMA said that if the EU trademark and design systems can’t be altered to cover the UK post-Brexit, the UK government should enter all existing EUTMs and RCDs into the UK registers administered by the UK Intellectual Property Office with the same scope of protection at zero or minimal cost.

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More on this story

29 November 2017   The International Trademark Association has set out five “core principles” to be supported, promoted and safeguarded in the Brexit negotiations.
5 December 2017   The Chartered Institute of Trade Mark Attorneys has warned the UK government that the cost of UK trademark lawyers losing their right to represent clients at the European Union Intellectual Property Office could total £1.7 billion ($2.3 billion) per year.