Upgraded 11 September 2020
In accordance with the Withdrawal Arrangement concluded in between the EU and the UK (check out the present news here), the UK left the EU on 1 February 2020.
Nevertheless, the Withdrawal Arrangement defines that throughout a transition period that will last till 31 December 2020, EU law stays appropriate to and in the UK. This encompasses the EUTM and RCD Laws and their performing instruments.This continued application of the EUTM Laws and the RCD Laws throughout the shift period includes, in specific, all substantive and procedural arrangements along with the guidelines worrying representation in treatments prior to the EUIPO. In effect, all treatments before the Workplace that include facilities of refusal referring to the area of the UK, earlier rights originating from the UK, or parties/representatives domiciled in the UK will run as they did formerly, till conclusion of the shift period.As regards
the scenario as from 1 January 2021, this section contains the relevant info on how the EUIPO plans to manage the scenarios that the EUTM and RCD Regulations will cease to apply to the UK as from conclusion of the transition period.The material
of this location includes information sourced from the following files:11 September, 2020 Interaction No 2/2020 of the Executive Director of the Office of 10 September 2020 on the impact of United Kingdom’s withdrawal from the European Union on certain elements of the practice of the Office 11 September, 2020 Impact of the UK’s withdrawal from the European Union on the European Union trade mark and the Neighborhood style of 10 September 2020 (Q & A file) 18 June, 2020 Notice to stakeholders (upgraded 18-06-2020)
EUIPO will invite only rights holders domiciled outside the EU/EEA to designate a representative, need to this end up being needed. Such invitation will simply be made where such a requirement in truth occurs. This will be true where the right in issue is, or ends up being, based upon procedures prior to the Workplace.Rights holders domiciled in the EU/EEA will not be welcomed by EUIPO to choose a representative. Such rights holders who wish to be represented in the procedures prior to the EUIPO which are begun after the end of the shift period, that is as from 1 January 2021, will because of that requirement to designate a new agent by themselves movement in case that their selected agent has actually lost his/her capability to act before EUIPO as the result of the end of the shift period. Failing this, EUIPO will alert any interaction or procedural file straight to the rights holder domiciled in the EU/EEA. No private signals will, in concept, be offered by EUIPO to EUTM and RCD candidates, right holders and professional agents outside pending proceedings prior to the Office.Agents who lose their capability to act prior to EUIPO as the outcome of completion of the shift duration will be (i)automatically eliminated from all files in EUTM and RCD associated treatments,(ii )erased from EUIPO’s database of agents (and, where ideal, from the Office’s list of expert agents), and(iii )not have the ability to send mail in relation to a file through the EUIPO’s “UserArea”. An exception will just use where, and to the level that, such a representative continues to act in so-called’continuous procedures'( Art. 97 Withdrawal Contract), Representatives who lose their capacity to act prior to EUIPO as the outcome of completion of the transition period need to for that
reason make a regional copy of their communications and any other information they find suitable which is consisted of in their” UserArea”. Source