The UK has voted to leave the EU and you may be worried about your EU trademark protection- but for the time being at least it’s business as usual.

It will take up to two years before any decisions are made and for now your rights in the UK are still covered by your EU Trademark (EUTM). This may change but as yet we do not know how this will be implemented to ensure you are still protected.

What happens to these rights and whether they will continue to apply will depend on the outcome of the UK government’s negotiations with the EU, and the consequent legislative scheme that will take effect on Brexit. Whilst it may be the case that these rights will be grandfathered to take effect in the UK, this will be uncertain for some time to come. Until Brexit actually occurs, the UK remains a member of the EU and so these existing EUTM rights will continue to apply.

What should you do?

Businesses may wish to review their trade mark portfolios carefully and consider whether they ought to file for supplemental UK protection soon as a back-up to ensure no holes develop in their portfolio. We will continue to monitor developments and advise on the best possible filing and brand protection strategies.

If you wish to file in both the EU and the UK we will discount our legal fees. This way whatever happens you know you will be legally protected!

As soon as we know more we will issue a statement but in the meantime please feel free to contact us to discuss if you have any concerns.