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File your EU Trade Mark Applications now to prepare for a no deal Brexit

Claire Freeman

At present, EU trade mark applications (that are not delayed by any objections or oppositions) are taking approximately four and a half months to register. This means that any EU trade mark applications filed now should be registered before the end of March 2019 when the UK plans on leaving the EU. 

The UK Government has recently confirmed that all EU trade marks registered at the end of March will automatically be granted an equivalent UK registration even if there is no deal with the EU. However, for any EU trade mark applications not yet registered by this date, a separate UK application will need to be filed at an additional cost, including payment of the UK Official fees.

We therefore recommend that if you or your clients are considering filing any EU trade mark applications in the next few months, you do so now in order to avoid the possibility of incurring extra costs for UK protection.

You can read the UK Government’s guidance here https://www.gov.uk/government/publications/trade-marks-and-designs-if-theres-no-brexit-deal/trade-marks-and-designs-if-theres-no-brexit-deal