Trademark rights

Protecting Your Brand Overseas

By Evan M. Kent

It has been my experience that when many U.S. clients expand their businesses beyond national borders, they are unaware that their U.S. trademark registrations provide no protection in foreign jurisdictions.

Trademark ownership provides important commercial and legal benefits including the exclusive right to use the registered trademark and the right to sell or license it to another for profit. Further, trademark ownership gives one legal standing to prevent others from using or attempting to register similar or identical trademarks. Trademarks are considered to be tangible assets of the owner and add to the value of the shares of a company. If you are an exporter, or thinking about exporting in the future, you should seriously consider securing protection for your trademarks at the earliest possible date in those foreign markets which are or could be of interest. (more…)

Brexit and the Impact on Trademark Rights in Europe

By Evan Kent and Alexa Lewis

Last week, the United Kingdom voted to leave the European Union. The process, however, will take at least two years to be completed. Your European Union registered trademarks, which currently cover the United Kingdom, will continue to be enforceable in the United Kingdom for some time. Eventually, this will no longer be the case, but we expect that a transitional procedure will be established allowing for the maintenance of rights in the United Kingdom once it has officially departed the European Union. Because there is no precedent for such an event, there is no way to predict whether this will take the form of an automatic extension of existing European Union rights to the United Kingdom, require re-registration in the United Kingdom, or another conversion procedure altogether.

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