We are pleased to report that the UK and European Union have agreed that owners of EU trademarks and Community designs will have their rights protected (as if "cloned") in the UK after the transition period which is due to end on December 31, 2020.
This announcement is part of the release of the EU and UK government’s draft agreement on the UK's withdrawal from the EU, published on 19th March. It was agreed that there will be a transitional period from March 29, 2019, to December 31, 2020, during which time the UK will remain part of the EU.
At this stage, it is unclear whether there will be a cost involved to secure protection in the UK but this should become clear in time. At least for the time being, owners of EU trade mark registrations and pending applications can be confident that those rights will extend to the UK post-Brexit.
For advice on this matter or any other, please get in touch.
In the process of registering our clients' trade marks and checking that they are free to use, we generally have the benefit of being involved right from the outset. Seeing the development of a new logo is always exciting and we take our hats off to the creative folks that design logos which perfectly encapsulate the brand identity. Some of these are particularly clever:
This is our favourite. What's yours?
Cosmetic Warriors in battle
Cosmetic Warriors, founded in 1995 in Dorset, the owner of the LUSH brand, whose UK high-street stores you may be familiar with has over 200 LUSH –branded stores in the United States.
The company has recently filed a complaint for trade mark infringement against a hair salon in the
United States, relying on its US trade mark registration for LUSH. The complaint alleges that the hair salon is using the same trade mark in relation to the advertising of hair and beauty and spa services.
Cosmetic Warriors has reportedly been corresponding with the hair salon to put them on notice that their actions are infringing. Now, they are seeking tripe damages, injunctive relief and the destruction of any infringing advertisements .
This highlights the importance of securing trade mark registration to put you in a position to take swift action if you become aware that a third party is using a trade mark which is the same or similar to yours. Please get in touch so that we can advise the best path to secure your trade mark registration or advise on the best course of action should you discover that a third party is using your trade mark.