Legal updates and opinions
News / News
Brexit And Trade Marks – What Is Next
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.
If you would like to learn more about Intellectual Property please visit our practice area page.
[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.
Latest News
Claims for non-payment in terms of Section 73A of The Basic Conditions of Employment Act
Section 73A of The Basic Conditions of Employment Act (BCEA) In 2019, the Basic Conditions of Employment Act 75 of [...]
LIBOR: The end of an era….a time for change
London Interbank Offered Rate ("LIBOR") Over the last couple of years, there has been talk in the banking and finance sector of the announcement by the UK's Financial [...]
“This is hate speech” – The Constitutional Court has spoken
This is hate speech The Constitutional Court has handed down judgment in the case of Qwelane v South African Human [...]
Countdown to POPIA Webinar
Countdown to POPIA Webinar The 1st of July 2021 is the day for all public and private bodies to [...]
Extension of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
On 11 July 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be [...]
Incitement of public violence (on social media) and the repercussions for individuals and contracts
Incitement of public violence With the recent public unrest and public violence outbreaks in the country the President of the [...]
