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ARTICLE · 10 NOVEMBER 2020

HERE COME THE CLONES... The BREXIT Effect On Trademarks

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BREXIT is near and the clones are coming! As of January 1, 2021, trademarks registered at the European Union Intellectual Property Office

CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
Wynnie Chan
Wynnie Chan
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BREXIT is near and the clones are coming! As of January 1, 2021, trademarks registered at the European Union Intellectual Property Office ("EUIPO"), including those granted designations in the EU through the Madrid Protocol system, will no longer provide protection in the UK. The Brexit Withdrawal Agreement provides for a transition period that ends on December 31, 2020. Until that time, EU trademark laws and rights continue to have effect in the UK.

Under the current regime, trademark registrations may be obtained in Europe by filing a single European Union Trademark (EUTM) application or a Madrid application designating the EU. An EUTM registration provides trademark protection in all 28 member states of the European Union, including the UK.

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