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
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 [...]
When is an instruction to work overtime unlawful and unenforceable?
and Nombulelo Bashe, Candidate Attorney AMCU obo Mkhonto v CCMA and Others (JR 2266/17) [2023] ZALCJHB (13 February 2023) Insubordination [...]
Conciliations and the importance of maintaining impartiality
and Tasreeq Ferreira, Candidate Attorney Issue Whether comments made by a commissioner in conciliation proceedings could give rise to a [...]
When reinstatement is not permissible
and Kelly Sease, Candidate Attorney In terms of section 193(1) of the Labour Relations Act 66 of 1995 (as amended) [...]
Does section 11 (1) of the MPRDA apply to an indirect change in control?
and Mmatshepo Papo - Candidate Attorney In the recent decision of Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi [...]
But first, there is a duty to exhaust internal remedies!
Before an aggrieved requester can approach a court for appropriate relief, following a decision of refusal for access to [...]
