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
Automatic transfers of employment – the strength of Section 197
Through the introduction of section 197 of the Labour Relations Act, 66 of 1995 (LRA) the idea was introduced into South [...]
Foreign employers, foreign employees and remote workers and South African labour laws – do they always apply?
and Kelly Sease, Candidate Attorney The Labour Relations Act ("LRA") amongst other important functions, regulates the rights of employees whose [...]
Previous renewal does not automatically constitute an expectation of re-renewal
and Tasreeq Ferreira, Candidate Attorney Issue Whether the non-renewal of an employee's fixed term contract ("FTC")constituted an unfair dismissal as [...]
Taking stock of collective misconduct
and Nombulelo Bashe, Candidate Attorney The retail sector is often burdened with the issue of stock losses or shrinkage. Employers [...]
Celebrating Heritage Month: The Xibelani Dance
In our recent article, we discussed the challenges of safeguarding traditional cultural expressions within conventional intellectual property regimes. We now [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has [...]
