How can BREXIT affect my EU Trademarks?
Although we do not know for sure how the timeline and flow will look like, all trademark owners with a trademark right in EU needs to reconsider their registrations.
UK´s exit from the EU will not be a simple divorce, there will be a two year “transit period” during which time UK will negotiate its exit from the EU. During this time trademark and other IP related laws will remain (most likely) unchanged.
Most likely this will happen with a completion of BREXIT:
- UK will no longer be a part of the EUTM which is only available to EU Member States
- Existing EUTM would cease to apply in the UK
- Most likely transitional provisions will allow trademark owners to convert their right to national UK registrations
- EU trademarks which had previously only been used in the UK would become vulnerable to non-use revocation
So how should I act now? You need to go through your registrations and make sure that you take necessary precautions already. Maybe you need to file for a national trademark in the UK already?
Need assistance in Trademark related issues? Contact Otmore´s specialists.
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Otmore is also a certified representative for EU-trademarks under OHIM, oami.europa.eu.
We are INTA members – The International Trademark Association (INTA) is a global association of trademark owners and professionals dedicated to supporting trademarks and related intellectual property. www.inta.org