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
Proving claims in an insolvent estate – basic principles reaffirmed
In the recent case of Firstrand Bank Limited v the Master of the High Court and others handed down on [...]
Should Post-Commencement Financiers have a vote on Business Rescue Plans?
Reviewed by, Dr Eric Levenstein, Director and Head of Business Rescue & Insolvency A critical look at Wescoal Mining (Pty) [...]
The painted homes of the Ndebele People
To conclude our series on #Heritage Matters, we look at another example of the Traditional Cultural Expressions found in South [...]
Who owns the tailings generated from previous mining activities?
and Mmatshepo Papo, Candidate Attorney In the decision of Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) [...]
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 [...]
