Legal updates and opinions
Post Author
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 algorithm will see you now: Competition Regulators turn to AI to catch bid-riggers
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney For decades, the detection of cartels has [...]
Fixing the aftermarket: What the Competition Commission’s new Repair Guidelines mean
by Ahmore Burger-Smidt, Director and Head of Regulatory If your business manufactures, distributes or repairs phones, appliances, medical devices or [...]
The Porsche that got away in business rescue
by Eric Levenstein, Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate, and Clio Patricios, Candidate Attorney [...]
Expressing Our Heritage Through Access to Justice
by Dakalo Singo, Director and Head of Pro Bono The Ties that Bind Us As South Africa commemorates Heritage Month [...]
What Are We Leaving Behind? The Law, Our Heritage, and the South Africa We Owe Our Children
by Naledi Motsiri, Director and Nothando Nyoni, Associate When we speak about heritage, we often think about what we have [...]
When discovery meets data privacy: Navigating the tension between litigation obligations and data protection
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Armand Swart, Director Introduction The civil litigation process demands disclosure: Parties [...]
