What should I be doing now? Part 1 – To file or not to file?
The up-turn since the Brexit vote (23.06.16) in the number of UK trade mark and design filings is continuing apace, but does it really make sense?
The Chartered Institute of Trade Mark Attorneys is lobbying for EU trade mark applications and registrations to be transferred automatically into UK equivalents after Brexit. This option (known as “the Montenegro”) has found favour with the UK IPO, who know there is a mountain of work coming their way, and so welcome any proposals that look like they will save time and effort.
However, “the Montenegro” is only one of at least eight options being considered and there is ongoing uncertainty about the timings and mechanisms by which EU trade marks will be revalidated in the UK after Brexit. Meanwhile, risk-averse businesses are continuing to refille their entire EU portfolios as UK trade marks. They do not want to leave anything to chance.
Amidst all of this, we realized at the recent INTA meeting in Barcelona that UK attorneys are giving widely conflicting advice to trade mark owners and their representatives.

(….if any…..) for dividing up EU trade marks after Brexit.


We encourage all of our clients and friends around the world to contact us if they are unsure what to do.