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Dan Griffin

Posted 14 December 2017
by Dan Griffin

EU Trade Marks lose validity in the UK after Brexit



The European Commission and EU Intellectual Property Office have announced that if no Brexit deal is reached European trade marks will no longer have effect in the UK after Brexit.

This means that any business which only owns an EU trade mark will have no valid registered trade mark in the UK, even if they are based in the UK.

Under current rules, an existing UK trade mark prohibits an applicant in another member state from applying for a similar EU trade mark, in theory, that prohibition will no longer apply. This could result in a free for all of UK and EU trade mark registrations, with unscrupulous competitors seeking to take advantage of the uncertainty.

Businesses considering acquiring an EU trade mark should do so now before it becomes much more difficult to do so. EU Trade Mark applications pending at the date of the UK’s withdrawal will not have effect in the UK once registered.

Those with only an EU trade mark need to apply for a UK trade mark or risk losing protection in the UK.

If you need any assistance regarding this matter, then please do not hesitate to speak with our experienced team of Intellectual Property solicitors.

 

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About the author

Dan Griffin

Dan Griffin

Associate

Associate within commercial litigation