We have European weather from France today. This
will probably result in an even lower turnout in the referendum in the
south-east though I understand the weather is better further away from the
continent.
In the hopefully unlikely event that you hear tomorrow
morning that the vote has gone the wrong way (leave), the message is definitely KEEP CALM AND CARRY ON. Although the UK will apply to leave the European Union
there will be a prolonged negotiation period and then we will fall out ignominiously
after 2 years. Maybe even by then some other countries will have
made choices too.
As regards the effect of European Union trade marks
in the UK after that, this will fall to be decided under UK law. I think it is
probable that either they will be granted automatic protection as UK national
marks or there will be a transitional period within which they can be converted.
Many UK businesses have only European Union trade marks (although generally I
have always encouraged my clients to have solid protection at home first before
looking overseas, though the low cost of European Union trademarks has meant
that some businesses do not follow that advice and prefer 28 for the price of
one) and therefore there is very little likelihood that the UK government will
decide that European Union trademarks are no longer effective.
It's never a bad idea for any clients in doubt to
have a UK trademark but that's an extra level of security for brands that feel
they don't want any uncertainty about their protection in the UK.
As you will be aware, proving use of European Union
trademarks has become more hazardous of late. However, I did have a recent
decision from the EUIPO which explicitly said they weren't following the UK
community trademark court in deciding that even significant use on the UK market
without any export trade is not sufficient to maintain an EU trademark. That
will be a relief to many but it is only a first instance decision and there is
some way to go before we have complete clarity about exactly how much local use
will keep an EU trademark alive.
My prediction is that the turnout will be below 40%
and that the remain vote will be over 60% of the votes cast but only just. Tomorrow
you can rate me as a pollster!
Today 23 June 2016 is also the Feast of St Etheldreda - an event being marked this afternoon in Ely Place with a Strawberry Fayre, catered by the Bleeding Heart. In truly British fashion, in case of rain, you can drink your Pimms and eat strawberries in the Crypt of the church
God Bless England and may she continue to sail within Europe!
