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
When can you set your mind at ease? Tax and the prescription issue
by Doelie Lessing, Director and Head of Tax and Private Wealth, and Robyn Schonegevel, Associate SARS is generally prohibited from [...]
What you need to know now to protect your brand in China
by Donvay Wegierski, Director Brand owners take note. Effective 2027 China will amend its Trade Mark Law. Efforts to curb [...]
A tale of two disaster declarations
by Naledi Motsiri, Director and Nothando Nyoni, Associate In recent years, South Africa has declared two national disasters aimed at [...]
Substance over form: Structuring black private equity funds under the B-BBEE framework: The importance of active management
by Dylan Cunard, Director 1. Introduction 1.1. The growth of black-managed private equity ("PE") funds in South Africa is a [...]
Making South Africa home?
by Doelie Lessing, Director and Head of Tax and Private Wealth, Luke Magerman, Senior Associate and Mike Searle, Candidate Attorney [...]
Trust regulation to be overhauled
by Ernest Mazansky, Director, Werksmans Tax (Proprietary) Limited Introduction On 7 August 2026 a draft Bill, the Regulation of Trusts Bill, 2026 [...]
