BKIP Limited


UK Trade Marks After Brexit Dec 2018
As of Thursday 15th November, British Prime Minister Theresa May announced her draft Brexit withdrawal agreement which outlines the future of the UK after the country leaves the European Union. Article 54 of the agreement states that those with an EU Community Trade Mark will ‘without any re-examination, become the holder of a comparable registered and enforceable right in the UK”. This will apply to all trade marks that have already been registered, and those registered during the two year transitional period. This means that after Brexit, EU Community Trade Mark owners will still have exactly the same trade mark protection rights at no extra cost. This will apply regardless if the Trade Mark was applied directly with the EU Intellectual Property Office, or via designating the EU through the Madrid Protocol.
It must be noted however that before this Brexit deal is confirmed and the continuation of Trade Mark rights are established, the deal has to be approved by both the UK Parliament, and EU council and parliament, and may be subject to further amendments in that time. Furthermore, at the time of writing, there has been much disarray and anger at the deal, with Brexit Secretary resigning as he cannot support the deal, as well as an imminent threat of Theresa May facing a vote of no confidence, which suggests there is likely to be either an new draft agreement, or no agreement at all.
With offices in the UK, BKIP will be closely monitoring the latest developments with Brexit, and ensure your trade mark rights are secure.