Legal updates and opinions
News / News
‘Deal’ or ‘No Deal’ – brexit and trade marks
By Donvay Wegierski, Director
Depending on the circumstances, 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’ before 29 March 2019: 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’ and the UK exits the EU on 29 March 2019: Registered EUTMs will automatically be created into replica UK registrations on 29 March 2019. A transitional nine month period will follow allowing holders of pending EUTM’s to opt for UK replication.
Should the exit date be extended EUTM’s will continue to cover the UK as they currently do. Our recommendation remains that a separate UK application be filed simultaneously on filing EUTM’s to avoid any uncertainty.
*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.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Bafana Bafana’s World Cup qualification hanging by a thread
by Brendan Olivier, Director and Daniel Gewer, Candidate Attorney Bafana Bafana's prospects of taking to the field at next year's [...]
ESG, the key to sustaining the construction sector?
by Justin Duarte, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability and Jennifer Smit, Director and Head [...]
SME cashflow threats: ensuring that your security offers a protection against payment default
by Brendan Olivier, Director It's becoming all-too-common: an SME that provides goods and services on credit to a major supplier [...]
SME cashflow threats: ensuring that your contracts are worth more than the paper they are written on
by Brendan Olivier, Director When a key commercial supplier, or valued customer that is benefiting from long-standing payment terms and [...]
The Road Ahead: The SCA Gives Green Light to Vehicle Lenders “On the Road Fees” Under the NCA – Subject to Strict Disclosure Requirements
by Armand Swart, Director In a recent judgment, the Supreme Court of Appeal ("SCA") considered if, in terms of the [...]
You can’t have it both ways: Contractors who act like businesses must live with the consequences
by Bradley Workman-Davies, Director When you run your work as a business, invoice for your services, and elect to [...]