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UK and EU trade marks post Brexit

Article 50

Theresa May has now triggered Article 50, notifying of the United Kingdom’s departure from the European Union, but what impact will that have on trade marks?

UK Trade Mark Registration

If your brand only has an EU trade mark registration, then to ensure protection of your brand in the UK, it is highly advisable to consider filing for a UK trade mark to supplement your IP portfolio.

It is currently unknown whether an EU trade mark will continue to cover the UK, or whether the UK portion of EU trade marks will be converted into UK trade marks and maintain the marks priority and registration dates. If the latter is chosen, then it will be an obvious administrative burden, likely to involve additional fees/costs.

If you are in any doubt, it may be worth filing for a UK registered trade mark now, before the rush.

Intellectual Property Office

Below are a links to the Government’s Intellectual Property Office website where you can read more about the subject or contact us at Owen White where we would be happy to file for a UK trade mark for your brand and any other associated IP legal issues for required.

If you have any questions about issues raised above or would like to discuss how we can help, please contact the Brand Protection Team. 

Link: https://www.gov.uk/topic/intellectual-property/trade-marks

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