October 2019

Legal Update: The Impact of Brexit on Your IP Protection


As you may know, the UK Government’s current position is that the UK will leave the EU on 31 October 2019. If there is a “no-deal Brexit” on 31 October, the UK will be excluded from the protection granted by EU Trade Marks and Community Registered Designs and UK lawyers won’t be in a position to act as your representative for EUTM filings and oppositions.

At Sideman & Bancroft, our EU Partner, Beatrice Martinet, assists with the management of our clients’ EU trademark portfolio. Beatrice is domiciled and authorized to practice in France, so Brexit will have no impact on the management of our clients’ current EU trademarks. If you would like to review or strengthen your EUTM portfolio, please contact us to discuss.

With respect to the coverage of trademarks in the UK, in anticipation of Brexit, we have advised clients to file their new trademarks both in the UK and the EU. We will continue to do this through a trusted firm in the UK at a discounted price. If you don’t currently have protection in the UK for existing trademarks and would like to discuss the extension of your rights in that territory (especially in light of the possibility of a “no-deal Brexit”) please contact us to discuss this matter.

If you have any questions about the impact of Brexit on your current protection or the scope of your current coverage, we are available to strategize with you.