If you already have a business in the EU or just planning to start your own company, the first question to think about is the protection of your trademark as the basis of your business.
Did you know that your brand can be protected as a Trademark in all 28 countries of the European Union at once with just one application for registration? This was the practice before the UK decided to exit the European Union. What are the features of registration and protection of TM in the EU now? And what will happen to the trademarks registered in the UK after Brexit?
We will try to answer these questions as part of this blog post.
Transition is always hard
As you know, earlier this year, Britain withdrew from the European Union. A ‘transition period’ has been agreed upon, during which EU law must apply in the United Kingdom. Even if an agreement on the future relationship is concluded, the EU’s relationship with the UK will fundamentally change, and it will be very different from when the UK was a member of the single market.
At the end of the transition period, new trademark registrations will be created in the UK, equivalent to existing trademark registrations in the EU. EUTM will have to create a British trademark in order to operate in the UK.
The draft New Partnership Agreement presented by the EU Commission and the British draft Free Trade Agreement include provisions on the regulation of intellectual property in Britain and the EU.
If no agreement is reached, the UK will return to WTO rules after the transition period.
Although many questions about the impact of Brexit on the observance of TM rights remain unanswered, we would like to remind you that the United Kingdom is a member of the Madrid system, which allows you to receive protection in all EU countries and not only by submitting one application.
If you are interested in registering a EUTM, do not hesitate to contact us in any convenient way, and our legal experts will advise you on trademark regulation in the UK and the EU after Brexit.