Brexit has raised and is still raising uncertainty for EUTM and RCD holders. Since negotiations between the UK and the EU are still ongoing, we do not yet know whether we will face a “hard” [no agreement] or a “soft” [agreement] Brexit and this is the key point. The date on which Brexit will become effective has been subject to several extensions, the last one expiring on January 31, 2020 and, at this time, it seems unlikely that the EU will accept further extensions.
However, there are other key issues which need to be considered in detail, e.g. (i) stakeholders domiciled in the EU/EEA will not be invited by EUIPO to appoint a representative in case their previously appointed representative loses the capacity to act before EUIPO, (ii) how will the Office communicate with clients of UK representatives if a valid representative has not been named, (iii) consequences in ongoing proceedings before the Office based solely on UK rights, (iv) relevance of the evidence of use and/or reputation in UK in ongoing proceedings, and a long etcetera.