Trade Marks in the EU after the recent Brexit decision

An EU trade mark provides protection in all member states currently 28 but will go down to 27 following the historic decision of the United Kingdom to withdraw from the European Union.

Once the UK is no longer part of the EU it will mean that the EU Trade Mark will no longer offer protection in the UK. At the moment nothing changes as the UK have not formally withdrawn from the EU. We are also currently unclear on what negotiations will take place and whether these negotiations will protect marks as currently registered or not. So for now no action is needed.

Once the position becomes more clear it will be likely that all EU TM owners will be offered the opportunity to file a UK application and possibly be given the same filing date and therefore the same protection date as that of their EU registration.

We will of course keep our ears pricked and advise all of our clients as any new information becomes available.

You can protect your position by filing a new UK application or wait and see what resloution the negotiations bring about.

Of course I am always happy to discuss anything to do with trade marks or Brexit so do give me, Dale, a call on 0208 102 9871.

Trademark Tribe offers online trade mark registration services to help businesses protect their fantastic brands. Start with a search to see if your mark has been registered on our website and leave the application process in our responsible hands.

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