News / Legal Brief

Brexit And Trade Marks – What Is Next

Feb 6,2019

Donvay Wegierski - Director

The following considerations and time frames concerning trade marks in the UK are expected to apply to European Trade Marks (“EUTM’s”)*:

  • The UK and EU reach a ‘deal’: All EUTM trade mark registrations will be considered in force and effect in the UK until 21 January 2021 whereafter UK trade marks will automatically be created, replicating the EUTM.
  • The UK and EU reach ‘no deal’: Registered EUTMs automatically replicated into UK registrations on exit date. The replicated UK registration may, however, require payment of an additional renewal fee for the UK replicated registration if that renewal due date falls post-Brexit date.

Due to the uncertainty our recommendations are as follows:

  • Separate UK applications are to be filed simultaneously on filing EUTM’s;
  • EUTM’s are to be renewed in the usual manner on the understanding that additional attendances may be required to maintain registered protection in the UK post-Brexit.

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[1] A EUTM covers all 27 member countries of the EU, namely Austria, Belgium, Bulgaria, Cyprus, The Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.