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
Protest Code: Protest Action to Promote or Defend Socio-Economic Interests of Workers
On 2 September 2022, the Executive Director of the National Economic Development and Labour Council ("NEDLAC") issued the 'Code of [...]
Resignation terminates contract of employment and cannot be withdrawn, unless employer consents thereto
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Kelly Sease, Candidate Attorney Withdrawal of an employee's resignation Whether [...]
Offers of employment – don’t take risks
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Danelle Plaatjies, Candidate Attorney Summary What constitutes an offer and [...]
When is CTC not available as CTC?
What is contributed tax capital? CTC - or to give it its full name, contributed tax capital - is an [...]
Product recalls in South Africa
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney Product recalls in South Africa and globally have attracted much attention [...]
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission [...]
