The Brexit : Exit from EU!
|Trademarks are important for businesses. But the Brexit has caused UK Trademark owners great anxiety.|
UK Trademark Owners Beware!
- Following the formation of the European Union, there has been a procedure for filing trademarks which are protected in all EU member states.
- This represents an alternative to the traditional “national registration” in which trademarks are registered in a country according to its laws.
- To save costs, many trademark owners opted to file their trademarks using the EU procedure.
- These trademark owners failed to register their trademarks using the UK “national procedure”.
- Their trademarks were protected by the EU registration when Britain was still a member of the European Union.
- Following the exit of Britain from the EU (i.e. Brexit), these trademarks will continue to be protected by EU law, but not UK law.
- Separate UK registration is now required for full protection of the law.
A Possible Reprieve
When the partition of Ireland took place in 1921, a similar decision had to be made. On this occasion, legislation was put in place permitting proprietors of existing UK trade marks to re-register their UK trade marks as Irish trade marks. The problem with this approach was that it was not an automatic process. Therefore, not only was the onus on the proprietors to ensure that they completed the re-registration, but the UK Intellectual Property Office was also put under extensive pressure to deal with the increase in registrations. (Source: Business Cornwall.)
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