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ARTICLE · 19 SEPTEMBER 2018

Brexit: Trade Mark Update

ENS
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Regular readers will recall our recent ENSight where we reported that a draft agreement had been published which, to a degree ...

South AfricaIntellectual Property
Ferosa-Fae Hassan
Ferosa-Fae Hassan
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Regular readers will recall our recent ENSight where we reported that a draft agreement had been published which, to a degree, addressed the uncertainty trade mark owners are facing about the impact of Brexit on their trade mark rights. We said that while it had been agreed that Brexit will be implemented in a manner that preserves trade mark rights, discussions on the charges and administrative procedures for the creation of a corresponding UK right were ongoing.

The United Kingdom Intellectual Property Office ("UKIPO") has now provided some clarity on how EU trade mark registrations will be treated when the UK leaves the EU. This guidance covers the following two scenarios:

  • Conclusion of a withdrawal agreement

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