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
Obtaining authorisation to process special personal information demystified
1. Processing of Special Personal Information On 28 June 2021, the Information Regulator published its "Guidance Note on Processing of [...]
Eye spy with my little eye… Template PAIA Manuals published by the Information Regulator
Updated PAIA Manual templates for private bodies To kick off the beginning of Access to Information month, the Information Regulator [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements: Part 2
Johannesburg Stock Exchange Listing On 5 March 2021, the Issuer Regulation Division of the JSE issued a Market Notice on [...]
Kenya introduces Anti-Counterfeiting (Recordation) Regulations, 2021
Kenya's Anti-Counterfeit (Recordation) Regulations 2021 Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights ("IPR") owners who import goods into [...]
Oh how the world is changing – Draft guidelines on collaboration between competitors on localisation initiatives
Draft guidelines on collaboration between competitors on localisation initiatives 1. The Competition Commission ("Commission") has recently issued a notice in [...]
The Memorandum of Understanding between the Competition Commission of South Africa and the National Agricultural Marketing Council
The Competition Commission and the NAMC concluded an MOU On 13 August 2021 the Competition Commission ("the Commission") and the [...]
