January 2020 – Eyuboglu A.Ş.

In accordance with the Withdrawal Agreement concluded between the EU and the UK (read the latest news here), the UK will leave the EU as from today, 1 February 2020.

However, the Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.

This continued application of the EUTM Regulations and the RCD Regulations during the transition period includes, in particular, all substantive and procedural provisions as well as the rules concerning representation in proceedings before the EUIPO. In consequence, all proceedings before the Office that involve grounds of refusal pertaining to the territory of the UK, earlier rights originating from the UK, or parties/representatives domiciled in the UK will run as they did previously, until the end of the transition period.

Further information as regards the situation as from 1 January 2021 will follow in due course.

Famous underground artist Banksy now a part of a trademark battle between his management company Pest Control Office Limited and a greetings card company called Full Colour Black. Pest Control Office has applied and obtained several trademarks reproducing iconic Banksy works. Full Colour Black has been using such works on their products and is now seeking one of these trademarks to be cancelled. The main problem was the fact that neither Banksy nor Pest Control was using their trademark in commerce activities. And in order to keep a trademark registration alive it has to be used distinguished products in market. By the outcome of that fact Banksy opened a homeware store in South London. The store is permanently closed however it has a website were such homeware has been available all of which already out of stock. In any case, Banksy has seen his rights protected by IP courts in the past, for instance a Milan court earlier this year stopped the organizers of an exhibition from selling merchandising with his artwork. However EUPO’s decision after the mentioned cancelation application remains unclear.

Monthly Archives: January 2020

Impact Of The Uk’s Wıthdrawal From The Eu Eutms And Rcds: Updated Informatıon

Banksy’s Battle For Trademark