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M&C in the news: UK trademark law may further diverge from EU standards

While Brexit may seem to have been "done" in January 2021, lawmakers have continued working on legislation that would effectively remove the principle of European Union law supremacy and general principles of EU law and directly effective EU rights. The upshot of this is that, as of Jan 1st, when the Retained EU Law (Revocation and Reform) Act 2023 entered into force, the U.K. is no longer required to interpret its laws in line with previously harmonized EU laws.

Michael Shaw and David Kemp's piece discussing the differences between U.K. and EU examination of trademark applications, and likely future divergence, has been posted to Law360, which can be read in full below.


Much of U.K. trademark law and practice is harmonized with EU legislation and governed by case law decided by the EU courts. For example, U.K. trademark law is governed by the Trademarks Act 1994, which implements the EU Trademark Directive 2015/2436, and the EU Trademark Regulation 2017/1001, which gives effect to EU trademarks in the U.K. From Jan. 1, the 2023 act reduces the EU's influence over the U.K., providing the opportunity for U.K. legislators and courts to diverge from the meaning and effect of EU laws.


brexit, brands & trade marks, yes, newsroom