The UK government triggered Article 50 on 29 March 2017. However, there is still little clarity on the repercussions of Brexit for European Union trade marks (EUTMs), including the issue of non-use.
One practical issue that is likely to arise is the unexpected risk of possible revocation claims. EUTMs are vulnerable to revocation if they are not used to a sufficient extent within a 5 year period from registration.
Until recently, the position had been widely understood to be that use in one Member State was enough, so long as it satisfied the criteria for genuine use. However, a 2015 decision in the UK Intellectual Property Enterprise Court cast doubt on this, the Court holding that in general, use in more than one Member State was required.