November 14th, 2017

Trade Marks Post Brexit Update - Register both EU and UK

We are receiving an increasing number of enquiries on the subject of Brexit and Trade Marks. One of the most popular options for registration amongst our clients for many years now has been the EU Trade Mark which offers protection in all EU countries including the UK at a very cost effective price. The big question is whether an EU mark will still be valid in the UK after the UK leaves the EU.

The latest statement from the UK Intellectual Property Office does not help much to clarify the position. It says: "The UK system for protecting trade mark rights is not affected by the decision to leave the EU. While the UK remains a full member of the EU then EU Trade Marks (EUTM) continue to be valid in the UK. When the UK leaves the EU, an EUTM will continue to be valid in the remaining EU member states. We recognise that owners of existing EU trade marks want clarity over the coverage of those rights when the UK leaves the EU. The government is looking at various options".

Businesses need guidance urgently on how to proceed. In the meantime the safest option is register in the UK and EU simultaneously. This will lead to increased costs for business but is the only way to guarantee full protection.

If you have questions or need advice please contact our Trade Mark registration specialist

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James Ausobosky

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0113 224 5457

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