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ARTICLE · 03 MAY 2018

Brexit And Your EU Trade Mark

For many years, brand holders have taken advantage of the comparatively inexpensive EU trade mark registration system to get registered rights ...

European UnionIntellectual Property

For many years, brand holders have taken advantage of the comparatively inexpensive EU trade mark registration system to get registered rights in their trade marks covering all member countries of the European Union by filing a single trade mark application.

Since the shock referendum in the United Kingdom (UK) UK on 23 June 2016, which resulted in what was quickly and aptly named "Brexit", there has been a serious question mark over the status of EU trade mark owners' rights in the UK and, in particular, whether such rights will be recognised and enforceable in the UK after the implementation of Brexit (which is now set to happen on 30 March 2019).

In the absence of specific regulation to the contrary, the implication of Brexit for EU trade mark owners would be that their registered trade mark rights would not be recognised in the UK.

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