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
Loadshedding – what should employers know?
by Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney The recent announcement of the resumption [...]
Private Public Partnerships and the inescapable ties of Section 217
by Sarah Moerane, Director and, Koketso Rapoo, Candidate Attorney "contracts for goods and services" - A phrase that, on the [...]
The applicability of Rule 46A to juristic persons and trusts: Have we been getting it wrong all along? Yes- says the SCA
by Tandiwe Matshebela, Director, Neo Kgame, Senior Associate and, Zoe Austen, Candidate Attorney Since Rule 46A of the Uniform Rules [...]
When the walls fall in
Ring-a-round the rosie, A pocket full of posies, Ashes! Ashes! We all fall down The Information Regulator has officially made [...]
The Eastern Cape High Court Judgment that created seismic waves
by Kyra South, Senior Associate and Thembelihle Tshabalala, Candidate Attorney. Reviewed by Chris Stevens, Director and Head of Mining and [...]
Small mergers in digital markets are on the Competition Commission’s radar
by Dominique Arteiro, Director, and Sandiso Dhlomo, Candidate Attorney Guidelines on small merger notification The Competition Commission of South Africa [...]
