Legal updates and opinions
Author
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
How to compensate the victims of collusion
In the sphere of competition law, anti-competitive practices can have a detrimental effect on an economy and the performances of [...]
The potential for competition law enforcement to revive and promote faster economic growth in South Africa
On 2 February 2016, the World Bank released its annual economic update report, titled “South Africa Economic Update, Promoting Faster [...]
2016/2017 budget proposals – Tax overview
INTRODUCTION The trend that began three years ago of a reduced number of substantive amendments announced in the [...]
Inside information interpreted by the courts
Matters relating to insider trading do not often come before the South African courts as the Enforcement Committee of the [...]
The termination of service level agreements: the application of Section 197 of the LRA
Enviroserv Waste Management v Interwaste (Pty) t/a Interwaste Environmental Solutions and Others (P408/15) [2015] ZALCPE 66 Issue Whether the expiry [...]
Tax amendments – 2015
INTRODUCTION The Taxation Laws Amendment Act, 2015 and the Tax Administration Laws Amendment Act, 2015 have now both been passed by Parliament, [...]
