EU Trade marks ‘almost certain’ to be replicated in UK register

Trade mark specialist Marks & Clerk today said businesses should still seek expert advice ahead of Brexit, despite some clarity over industry issues post-split.

Campbell Newell, partner from Marks & Clerk’s Edinburgh office, revealed massive strides have been made to secure a plan for trade mark owners post-Brexit.

The firm said it is now almost certain those with a European Union trade mark (EUTM) will simply see their registrations be replicated to the UK register, as administered by the UKIPO. This means owners of EUTMs will have ongoing protection for their trade marks in the UK as well as the rest of the EU.

Mr Campbell said: “There has been a lot of speculation as to what will happen post-Brexit. It now seems highly likely that on the point of Brexit businesses having EU trade mark registration will have a UK registration as well as their existing EU registration.

“This is good news in that it brings certainty for businesses and for trade mark owners. There is also the added bonus in that there is unlikely to be any official cost to the process.

“While this is all great news for trade mark owners in the sense that those with EUTMs will be faced with a very straight forward process, it should also be caveated with the awareness that there will be a number of very complex issues to come out of Brexit, which as we know is a fluid and ever changing process, so it’s advisable to seek expert guidance.

“We have teams at the ready across the UK, Luxembourg and France to guide businesses through the process around trade marks post-Brexit.”