44 | LEXPERT • June 2018 | www.lexpert.ca/usguide
Ridout & Maybee LLP's office in Cana-
da's capital, Ottawa.
The issues arise because many rights
holders have chosen the European Union
Intellectual Property Office (EUIPO) for
filing their trademarks and industrial
designs on the basis that their rights will
apply to all 28 EU member states. "Some
even let their UK registrations lapse,"
Fuhrer says.
But once the United Kingdom leaves
the European Union — which must hap-
pen by March 29, 2019 unless all member
states, including the UK, agree to an ex-
tension — EUIPO protection will no lon-
ger apply in the UK. "So, any client who
has real concerns should think about get-
ting UK registration."
Registering in the UK is not without
obstacles, though. For industrial designs,
Trademark and industrial
design holders will need
to act to protect and enforce
their rights in the UK
By Julius Melnitzer
WHAT BREXIT MEANS
FOR RIGHTS HOLDERS
IP & Media
American-Canadian cross-border lawyers
often have their eye on future develop-
ments across other borders than their own.
With Brexit impending by the early Spring
2019 in the United Kingdom, lawyers are
looking to several new challenges. This
is especially true where their clients have
trademark and industrial design concerns.
Brexit will have significant economic
implications for trademark and industrial
design holders from other nations who
wish to protect and enforce their rights in
the United Kingdom. We spoke to Cana-
dian lawyers what they foresee.
"There will be a lot of chaos, because in
many cases we're talking about very valu-
able rights, including rights that have al-
lowed holders to commercialize their busi-
nesses and obtain financing," says Janet
Fuhrer, a partner and trademark agent in
