Insights Chartered Institute of Trade Mark Attorneys responds to publication of the Government’s Technical Notice on what happens to trade marks if there is no deal

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CITMA has welcomed the Government’s commitment to ensuring protection and enforceability of all EU registered trade marks in the UK post-Brexit (see item above). As CITMA’s president, Tania Clark, said: “This will be welcome news for businesses.”

However, Ms Clark continued, CTIMA firmly believes that the Government should change the rules on address for service in the UK if there is no deal, so that rights holders have to provide a UK address for service. “We do not see a justification for continuing to allow addresses for service in the EEA when the UK will cease to be a member of the EEA on Brexit”, she said.

In addition, Ms Clark said that there were still “several unanswered questions which the lack of clarity on raises risks for rights holders”, and she urged the Government to clarify these issues urgently.

Further, Ms Clark called for confirmation from the Government that there will be no compulsory forms or fees for continued protection of registered trade marks. She also said that CITMA was “surprised” that there was no commitment to notifying applicants who stand to lose inclusion of UK coverage when their trade mark is registered, if this falls after Brexit. To read the response in full, click here.