What will happen to the EU trademarks after the Brexit?

On the 23rd of June the referendum on whether the United Kingdom should leave the EU ended with the victory of the “leave” camp. On account of migration and bureaucratic centralization a long-standing issue resurfaced, namely that the British wanted economic cooperation rather than a political union. However, this does not mean an immediate change in the law: the negotiations as a result of which the United Kingdom will be truly independent from the EU are expected to last for two years. Still, in the field of intellectual property law, Brexit is going to stand in the way of a long-planned project

Regarding trademarks the European Trademark (EUTM) applies automatically in all 28 Member States, so when It is likely that after leaving, the UK will either accept already existing EU trademarks, or will convert them to national trademarks. However, new trademarks will propably have to be filed as national trademarks. Conceivably one could also be forced to file a new national application in order to protect trademarks already recognized in the EU.

Although British and EU legal practice will probably take separate ways after the exit, as harmonization of laws has always proved beneficial regarding intellectual property, radical change in this field remains unlikely. The UK is obliged to uphold copyright law by international treaties, thus Brexit is not relevant there. IP law will only change when the contracts between the UK and the UK are amended. Thus, although the long-term future of the British legal system is vague, there is no need to worry until the negotiations are over: your intellectual property is still safe.

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