Are you concerned about a pending EU Trade Mark and the effect Brexit will have upon this? Our partners, leading commercial law firm Muckle LLP have some important points to note if you do.
If you have an EUTM that is still classed as pending on 31 December 2020, you will be able to apply to file to register a comparable UK trade marks in the nine months following Exit Day. This new filing will retain the earlier filing date of the EUTM, and will honour any international priority or seniority you may have claimed on the EU trade mark.
The new UK application must be the same as the EUTM application, including the good and services claimed.
If you are contemplating filing for EU protection, we advise you to act fast in order to have the best chance of obtaining registration before the Exit Day and thus benefiting from the automatic splitting of the registration.