Owners of EU trade marks and design rights – of which there are many in the South West – must act now to ensure that their intellectual property is protected once the UK leaves the EU.

The European Union Intellectual Property Office (EUIPO) has issued a notice to holders of EU trade marks, stating that unless there is an agreement to the contrary, after Brexit, EU trade marks and designs will no longer cover the UK.

EU trade mark holders may be unprotected

Ben Travers, partner and head of intellectual property and IT at Stephens Scown LLP said: “This is a stark reminder that without an agreement, holders of EU trade marks will be left unprotected in the UK after Brexit. At the moment, there is no agreement to the contrary.

“This means that owners of registered EU trade marks and designs who are worried about protection in the UK should file a UK application as soon as possible or risk their intellectual property being open to exploitation by others.”

Trade marks – essential for high growth businesses

Ben adds: “The reason this matters so much is because trade mark registrations for key products and services are essential for high growth businesses. Securing a trade mark results in one of the most powerful rights a business can buy – a legal monopoly over the badge of origin that separates one business from another. It is a valuable way to protect a business’s hard won reputation. Of course, in due course transitional provisions may be implemented but why take the risk that your control over your reputation could be lost, when taking simple steps now will avoid the issue.”

Stephens Scown has filed trade marks for clients in a range of sectors including food and drink, leisure, fashion, consumer goods and technology. The firm acts for clients including St Austell Brewery, Arden F3 motorsport, Exeter University and Thatchers.

To contact Ben or a member of the intellectual property and IT team, please call 01392 210700 or email ip.it@stephens-scown.co.uk