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
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events
by Bradley Workman-Davies, Director In the recent case of NEHAWU obo Makhubele & others v Ramalatso NO & others , the Labour [...]
Troubled waters and looming distress as we enter the second half of 2025
by Brendan Olivier, Director Much has been written and said about the dangers posed to South Africa’s economy, by outside [...]
No! It is NOT all about consent!
by Ahmore Burger-Smidt, Director & Head of Regulatory “I believe that a guarantee of public access to government information is [...]
When a Withdrawal Doesn’t Really Withdraw: Provisional Liquidation is not Set Aside by Withdrawal
by Walid Brown, Director and Nombulelo Bashe, Associate Introduction We were recently reprimanded by an opponent for having the temerity [...]
AI-Hallucinated Case Law
Appellate court to trial judge: You know these cases are made up, right? by Ahmore Burger-Smidt, Director and Head of [...]
AI and the Data Privacy Elephant in the Room
“The real problem is not whether machines think, but whether men do.” – B.F. Skinner by Ahmore Burger-Smidt, Director and Head of [...]