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
Whistleblowing in South Africa – employers’ obligations
Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the [...]
Payment of Prescribed Minimum Benefits
In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes [...]
A double-edged sword: revenge porn and the Cybercrimes Act
Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught [...]
Riding Off Into The Sunset – Labour Appeal Court Settles Questions On Retirement Age
by Kerry Fredericks, Director There is no specified retirement age for employees in terms of South African law. Employers are, [...]
Tsunami of a Penalty as “Lucky Monopolist” gets Unlucky
by Rudolph Raath, Director and Nokwanda Zondi, Candidate Attorney In a rare display of its utmost displeasure, the Competition Tribunal [...]
Competition Law Treatment of Joint Ventures in the COMESA region
The Mergers Working Group (MWG) of the Antitrust Committee of the International Bar Association (IBA) has formulated the first multi-jurisdictional [...]
