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For many years, it has been possible to register a trade mark simultaneously in all (current) 28 member states of the European Union (an “EU trade mark”). The immediate benefit of this is to enable a business to protect its brand, name and/or logo in a wider environment, avoiding the arduous task of having to register a trade mark in each member state separately. The latter is of course likely to be prohibitively expensive and time-consuming for all but the largest of businesses.

However, on 23 June the UK voted to leave the European Union after over 40 years of membership. Amongst other things, this is likely to give rise to implications for owners of EU trade marks and the extent to which their trade mark is protected. 

It appears that, in the immediate future, there will be no change to the laws that apply to EU trade marks. There has been no suggestion that their validity or enforceability will be revoked or changed in light of recent events. We expect that it will take a considerable period of time before there is any change to the EU trade mark regime, and any negotiation process is likely to be complex and protracted. It is likely that in any event the UK government would attempt to agree some form of transitional period to enable owners of EU trademarks to make the necessary arrangements.

At this stage, any assessment of the EU trade mark regime is entirely speculative. It is far too early to understand the full impact that the vote to the leave the European Union will have on the EU trade mark system. However, we will of course keep you updated on any developments or changes as a result of the UK’s decision and would be happy to advise on what arrangements (if any) to take. If you would like to discuss any of the matters contained in this article, please contact a member of our Corporate & Commercial Team on 01603 281168.

Note: the content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.