22/08/2019
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⢠Brexit. Sorry.
⢠at the moment, Brexit is set for 31 October.
⢠if you have an EU trade mark and it is REGISTERED ÂŽ you donât need to do anything. The UK will give you a separate new trade mark registration automatically. For free. But this will be a separate right and will need to be maintained separately (renewed, change of address etc).
⢠if your EU trade mark is still pending, whatever stage it has got to, on 31 October. You will need to reapply for a UK trade mark, and crucially this will cost you money đ° on the plus side, youâll have nine months to reapply in the UK and the new application will copy the details, including the filing date (dates are always important with trade marks) from the EU trade mark.
⢠if you havenât yet filed an EU trade mark but youâre thinking of doing it, it is now mathematically impossible for the EU mark to be registered before 31 October because of the minimum amount of time it takes to register an EU mark. (Including EU marks filed using the International Registration system through WIPO). This means that either way, you will need to file a separate UK trade mark application and pay a separate fee.
⢠itâs up to you whether you file a separate UK trade mark application now, at the same time as your new EU application, or you wait for Brexit to happen and then use the 9 month window to reapply for the mirrored protection.
⢠if your EU mark is part of an International Registration through WIPO you will get a separate standalone UK national trade mark. UK trade mark protection wonât be included as part of the WIPO registration and will need to be monitored separately for renewal and maintenance purposes.
⢠if youâre still reading, thanks for sticking it out! If you need some information or advice on this, give me a shout.
⢠Email is best, [email protected] đ§
⢠đˇ from with thanks.