EU Trade Marks following Brexit

Posted Jul 1, 2019

In Europe, a trade mark registration system exists through which a single European Union trade mark (“EUTM”) application may be filed before the European Union Intellectual Property Office and if granted, will extend registered trade mark rights simultaneously in all EU member states, including the United Kingdom (“UK”). With the UK set to leave the EU and the continuing uncertainty around Brexit, the Trade Marks (Amendment etc.)(EU Exit) Regulations 2019 (the “Regulations”) have been introduced in the UK to provide certainty for the rights of owners of registered EUTM’s and registered international trade marks that have designated the EU (as a place of registration) following the UK’s departure from the EU. The Regulations have been approved by the UK government and will come into force when the UK leaves the EU.

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