As with anything Brexit-related, the position of intellectual property and EU trade mark protection in the UK following Brexit is still uncertain. The possibility of a no-deal Brexit is increasing. As it stands, this currently means that, after 29th March 2019, EU trade marks would immediately cease to provide any protection in the UK.
In March 2018, the government published the ‘Draft Withdrawal Agreement’, which appeared to propose that EU trade marks would automatically be converted to UK trade marks at no additional cost to the trade mark owner. However, time is running out for a deal on this to be completed, and while we cannot predict what will happen in the coming months (we wish we could!), EU trade mark owners cannot assume this will happen and so should be looking now at how to protect their marks in the UK post-Brexit, if no deal is agreed. Otherwise, they risk losing protection in the UK.
Therefore, to ensure your EU trade mark is not left vulnerable in the case of a no-deal Brexit, we would recommend considering filing a UK trade mark as soon as possible. If you would like to speak about filing a UK trade mark for your key goods/services or about the potential effects of Brexit on your trade mark portfolio, please get in touch with us.
Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.