Trademarks Post Brexit

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03 January 2017 Go Back News/Articles

Trademarks Post Brexit

Following the Brexit vote it is uncertain what arrangements are to be made to ensure that EU trademarks continue to provide protection in the UK.  One potential issue is the validity of a challenge over non-use of a trade mark in the EU.

Trade marks can be challenged if they have not been used within a jurisdiction for five years. Should a party have an EU trademark but exclusively use this trade mark in the UK, this trade mark may be susceptible to a post-Brexit non-use challenge.

It may, for the sake of future planning and protection, be sensible for businesses who have EU trade marks, to ensure they also register a UK trade mark.

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