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
ESG in Private Equity Funds: Insights from the Super Return Conference 2023
The integration of environmental, social, and governance (ESG) factors has become a crucial consideration for investors across various asset [...]
Powers of the Information Regulator and how the Department of Justice could have avoided a R5 million fine
There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came [...]
The extent of an arbitrator’s jurisdiction
In the recent decision of Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd & Others[1] the Supreme Court of [...]
Exercising due caution with regard to open source software in private equity transactions
Private equity investors play a role in supporting the growth and development of companies in South Africa. When a [...]
Proposed draft legislation to replace Practice Note 31 of 1994
An indispensable requirement for the claiming of an income tax deduction is that the taxpayer must be carrying on [...]
Ruling in favour of the Digital Age: Local and foreign courts give a to electronic agreements and signatures
and Karabo Kekana, Candidate Attorney Recently a Canadian court decided that a emoji constituted an electronic signature and resulted in [...]
