Proprietors of national trade mark applications/registrations in the United Kingdom (UK) need to consider the protection they require post-Brexit. Currently, it is looking like the UK may cease to be a member state of the European Union (EU) on 29 March 2019. In this event, as of 30 March 2019, national UK trade mark rights can no longer be relied on as a basis of challenge against later EU trade mark rights.
This situation may not be of concern for businesses who use their trade marks solely within the territory of the UK. However, proprietors whose trade mark use extends to mainland Europe and/or to the Irish Republic might wish to consider filing European Trade Mark (EUTM) applications and/or national trade marks in any countries of particular interest to them within the EU, to ensure they have sufficient protection of their brand and designs.
As a long-established and highly regarded firm of Trade Mark and Patent attorneys, with offices in Germany and Spain as well as in the UK, we are well placed to continue to act in relation to EU trade mark and design matters both before and after Brexit. If you have any queries about the impact of Brexit on your European trade mark or design rights, please contact your usual Boult Wade Tennant LLP advisor.