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
Tax Treatment of Prepaid Expenditure in the Limelight
By Erich Bell, Director, Werksmans Tax Proprietary Limited The application of section 23H was one of the issues recently considered [...]
SPLUMA Certificate Confusion
By Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Khathu Neluheni, Senior Associate [...]
Must fees fall? The impact of the lockdown on school fees
By Thomas Karberg, Candidate Attorney Reviewed by Bulelwa Mabasa, Director and Head of the Land, Reform Restitution & Tenure practice [...]
CIPC certificate for permitted services
By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney The Department of Trade and Industry have not yet provided [...]
Letter issued by the Johannesburg Stock Exchange (“JSE”) on 24 April 2020 on Financial Reporting during COVID‑19 (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Background Since the outbreak of COVID‑19, and the subsequent national lockdown declared [...]
Deadline for submission of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) applications
By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney On 30 April 2020 the Department of Employment and Labour [...]
