The government has made the Trade Marks (Amendment etc.) (EU Exit) Regulations 2018. They were made under section 8 of the European Union (Withdrawal) Act 2018 and come into force on exit day. They are intended to deal with deficiencies in retained EU law arising from withdrawal, such as a failure to operate effectively. In particular, the Regulations are intended to:
Ensure that a trade mark registered immediately before exit day as a European Union trade mark (EUTM) is treated after exit day as if it had been applied for and registered as a trade mark under existing domestic UK legislation.
Take account of genuine use in the EU prior to exit day.
Set out the effect of transactions entered into before exit day in relation to EUTMs and proceedings pending on exit day in designated EUTM courts.
Deal with EUTMs that have expired during the period of six months ending on exit day.
Address the options for EUTM applications pending on exit day, and restored EUTMs.
