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UK and EU Trade Marks – A Six Point Brexit Strategy

Business as usual: There is no need to take any immediate action. Nothing will change for at least two years. The UK will remain a member of the EU for at least two years and all EU Trade Mark rights and EU Design rights are unaffected by the Brexit vote. But it is important to plan ahead.

EU Trade Marks and Designs: Silverman Sherliker LLP and our Trade Mark and Design team remain registered EU representatives at the EUIPO and continue to file and prosecute EU Trade Mark and design applications. We remain members of the EUIPO Key Users Group.

Current Filing Strategy: We are recommending that any EU application should be accompanied by a national UK application and we have introduced an advantageous fee scale for clients to enable them to take advantage of this policy recommendation.

Transitional Procedures: When the UK finally leaves the EU, there is likely to be a transitional period during which any EU Trade Mark and EU Design registration will need to be re-registered or ‘confirmed’ for the UK if the UK rights are to continue. This is likely to require payment of a fee. An EU Trade Mark and EU Design registration will thereafter only continue for the remaining 27 EU member states.

Watching Brief: We will maintain a close watching brief over the next two year period on the effect of the UK withdrawing from the EU and will keep our clients informed of the need to take any action to preserve their Trade Mark rights in the light of developments.

Portfolio Audit: Please contact us if you have any specific questions or concerns and we will be pleased to assist. If you would like us to provide you with a free audit of your current Trade Mark portfolio, please contact:

Christopher J Sherliker    +44 (0)20 7749 2715      cjs@silvermansherliker.co.uk

Robert MacGinn                 +44(0)20 7749 2721       rm@silvermansherliker.co.uk

Nigel Parnell                        +44(0)20 7749 2718      njp@silvermansherliker.co.uk

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Silverman Sherliker LLP Solicitors
7 Bath Place, London, EC2A 3DR.

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