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Brexit Trade Mark Issues

Brexit Trade Mark Issues

Brexit Trade Mark Issues
WRITTEN BY
Louise Blair
Louise Blair
Associate

Brexit Trade Mark Issues


The deadline for filing new UK trade mark applications based on EU trade mark applications is 30 September 2021.
 
Following the UK’s exit from the EU, the UK Government granted comparable UK trade marks in respect of all international trade marks designating the EU which were protected in the EU on 31 December 2020.
 
Those EU trade marks which were pending on 31 December 2020 missed out on automatic trade mark protection in the UK.
 
You can still apply to protect your trade mark in the UK through the UKIPO and claim the earlier filing date of your EU designation, provided that the application is an exact replication of the EU designation and is filed for some or all of the same goods and services.  This new application will be treated as a new UK trade mark application.  It will be examined under UK law and the standard UK fees will apply.
 
Your original application designating the EU will continue to have priority under the original application filed with EUIPO.

If you have any trade mark concerns or queries contact us at ip@ablawyers.com.au

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