Impact of Brexit on Trade Mark Rights

With the uncertainties surrounding Brexit, you may be wondering what will happen to your EU trade mark if the UK does leave the European Union. The current position is that holders of registered EU trade marks will automatically gain a UK trade mark registration, at no cost. The UK registration will be given the same filing and renewal dates as the EU mark.

This is great news for holders of registered EU marks, however, the transition is not as smooth for those with pending EU applications. In this case, if your EU mark is not registered by the date the UK leaves the EU, you will not be given a corresponding UK mark. Instead, following the date of exit by the UK, you will need to apply separately for a UK trade mark, at your own cost. You can, however, claim the same filing date as your EU trade mark if the UK application is filed within 9 months of the EU application.

Given the continuing uncertainties about Brexit, and if you have recently filed an EU but not UK application, it may be worth considering filing a UK application at this stage. If you require any advice regarding your EU or UK trade marks, please contact a member of our team on 1300 851 138 or email trademarks@actuateip.com.au and we’ll be happy to assist.