Protect your registered trademark after Brexit

Nov 06, 2020

The UK has left the European Union and the transition period will end at the end of 2020. How does this change affect your trade mark portfolio and plans for future registration of your trade marks? Mark Elmslie, partner in Hewitsons technology group, discusses.

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UNDER EU law, trade marks registered as European Union Trade Marks (EUTMs) are protected in all member states. UK Trade Marks will not be affected by Brexit and will remain in place.

Mark Elmslie

While Brexit has nominally taken place, EU law remains applicable in the UK during the transition period but as of January 1 2021, EUTMs will no longer apply.  

EUTM holders will be automatically entitled to a ‘Comparable UK Trade Mark’ in the same form. Provision will be made for renewal of Comparable UK Trade Marks, as well as pending applications and other transitional matters. 

What happens when you want to make a new application? The answer will depend on where you want to trade and sell your goods or services. 

If you want to protect your trade mark in the UK and in the EU, you will need to apply for both a UK Trade Mark and an EUTM. 

These are complex changes and specific advice should be sought from a qualified Trade Mark Attorney relating to any particular matter. 

Now is the time to consult your UK trade mark attorney regarding protecting your rights in the UK, the EU and other territories.

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