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Trade Marks (Amendment etc.) (EU Exit) Regulations 2018: Brexit Statutory Instrument

The government has made the Trade Marks (Amendment etc.) (EU Exit) Regulations 2018. They were made under section 8 of the European Union (Withdrawal) Act 2018 and come into force on exit day. They are intended to deal with deficiencies in retained EU law arising from withdrawal, such as a failure to operate effectively. In particular, the Regulations are intended to:

  • Ensure that a trade mark registered immediately before exit day as a European Union trade mark (EUTM) is treated after exit day as if it had been applied for and registered as a trade mark under existing domestic UK legislation.
  • Take account of genuine use in the EU prior to exit day.
  • Set out the effect of transactions entered into before exit day in relation to EUTMs and proceedings pending on exit day in designated EUTM courts.
  • Deal with EUTMs that have expired during the period of six months ending on exit day.
  • Address the options for EUTM applications pending on exit day, and restored EUTMs.
  • Address the payment of fees.

Source: Trade Marks (Amendment etc.) (EU Exit) Regulations 2018 (30 November 2018).

Practical Law PLC 7.12.18