European Trademarks and Brexit
The United Kingdom has submitted a formal request to exit the European Union on the 29th March 2017. This effectively means that come 30th March 2019 (withdrawal date), primary and secondary EU law will no longer be applicable in the United Kingdom.
Since these are uncharted waters, what will happen to more than 44 years of accumulated directly applicable or implemented EU legislation is unknown. This affected various issues ranging from the applicability of VAT, the status of European entities such as the European Societas and the European Economic Interests Grouping and obviously European Trademarks.
With regards to trademarks, in a statement issued by the European Commission dated the 1st of December 2017, the Commission made it clear that trademarks registered before the withdrawal date will continue to be valid in the EU27 Member States but will no longer have effect in the United Kingdom as from the withdrawal date.
We advise all readers and clients to take all necessary measures in order to ensure that their trademark is adequately protected in the United Kingdom.
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