Brexit-Effects on the Trademark Licensing Business

Veröffentlicht am: 6. April, 2017

Not long to wait now –  the Government of the United Kingdom will announce an offical explantation for the desertion of the EU by spring 2019. The escape of the UK will affect all areas of the economic life in the EU – especially the trademark licensing business.

The United Kingdom has voted to leave the EU but the Supreme Court has decided, that the UK government can’t leave the EU without Parliamentary consent.

These negotiations can drag on up to two years, until the escape is really accomplished.

Accordingly there will be huge economic debates between the Europe and the United Kingdom. In addition there will be some law changes on both sides.

Consequences for trademark owners

It’s clear that the Brexit brings a few consequences for the trademark owners with itself. For instance, the EU trademarks  (EUTMs) will no longer cover the UK. That means that new announced trademarks cannot be protected automatically in Great Britain. In the future it will be necessary to file trademarks in the UK separately or expand the international registration in order to secure the protection.

Nevertheless, there are three possibilities considering that the trademarkes be enforceable in the UK:

  • A new UK trademark (UKTM) is created out of the existing EUTM (to envelope the UK)
  • The EUTM regime is modified to permit access to non-EU member states
  • The UK independent decides to honor EUTMs as if the UK had remained in the EU

The first of these introduces options is the most likely. In this transmission, the UK government has some possibilities to consider. For example they have to deal with whether the process should be automatic (or voluntary) or whether the concerned parties should pay a fee.

Now with regard to the question of the proper use of trademarks, the owners have to pay attention to the fact that the trademarks have to be used properly in other big EU-Countries like Germany or France by the finale desertion of the UK.

Will there be changes with the EU-Patents?

In general there will be no debateable consequences for the EU-Patens: the EU-Patents be defeated by no uniform European order. Instead it concerns, in principle, independent national patent rights. These rights can only be administered by the European Patent Convention and the European Patent Office.

Conclusion

In fact that it would be an very expernsive movement to require the owners of existing EU trademarks to re-register their rights in the UK, it seems that the UK is likely to continue to protect EU trademarks that were registered before. This act can be done easily through trivial changes to UK legislation. Due to it doesn’t even require an accord with the EU.

On account of the Brexit, no entrepreneur who regularly deals with Great Britain probably became panic or scared. Nevertheless, it is advisable to be cleared up about possible legal orders for its own business and to make punctual suitable precaution.

 

Do you want secure the protection of your trademark in the UK?

We can help you with that! Let us arrange a phone call:

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Source: Bird&Bird / INTA / thetmca 

Pictures: Flags / Scales / cover

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