Do you have a registered EU Trade Mark and worried about the effect Brexit will have upon this? Our Partner, leading commercial north east law firm, Muckle LLP, have some important information for you.
After the Exit Day, any trade marks registered as an EUTM will automatically have a ‘clone’ registration added to the UK Trade Marks Register by the UKIPO, without charge. This UK clone registration will be exactly the same as the EUTM and will afford the owner the same protection in the UK that they previously enjoyed. The existing EUTM will function exactly the same, giving them protection in the remaining EU member states.
These new clone registrations will have the registration number of your EUTM, prefixed by UK009.
There are no fees involved in the creation of these records and it is anticipated that the process should be fairly straightforward.
The new clone trade marks will enjoy the same filing date as the original EUTM on which it is based. This means that when it comes to renewal, there will be two renewal fees to pay – one for the EUTM and one for the UK clone trade mark.
It is important to note that these new UK ‘clone’ trade marks are independent of the EUTM – that is, they can be challenged, assigned, licensed or renewed separately from the EUTM. To this end, it is worth considering whether you would be able to prove use in the United Kingdom if challenged.