Tick Tock, Brexit O'Clock: Is your trade mark protected in the UK?

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Is your trade mark protected in the UK?

If you are a trade mark owner who had a pending (but not registered) EU Trade Mark as at 31 December 2020, the trade mark right will not extend to the UK as a result of Brexit. You will need to apply separately in the UK.

Thanks to transitional provisions in place, trade mark owners who had a pending EU Trade Mark application at 31 December 2020 can now apply to replicate the EU rights in the UK, retaining the earlier filing date of the EU Trade Mark. An application must be made by 30 September 2021.

After 30 September 2021, fresh UK applications will need to be filed in the UK (and they cannot be back dated to the EU Trade Mark date).

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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