Don’t miss the deadline – the window for re-registering pending EU rights in the UK expires at the end of September.
At the start of 2021, the UK created cloned UK registrations corresponding to registered EU Trade Marks (EUTMs) and registered and published Registered Community Designs (RCDs).
However, the position for EUTM applications, RCD applications and registered but unpublished RCDs which were still pending at the end of 2020 is different. There is no automatic cloning and it is necessary to re-file in the UK to retain the original filing date of the EU right, together with any international priority date.
The deadline for filing these new UK application is 30 September 2021after which time it will not be possible to claim the filing date of the corresponding EU right.
IP owners and their advisers are therefore advised to review their portfolio with a view to identifying those EU rights which were pending at the end of 2020 and protection for which is required in the UK. If you had a pending right on our records, we will already have made contact with you to enquire whether a new UK application is desired.
The UKIPO will not remind owners of the need to file new UK applications and, if UK protection is required, you will need to ensure that you take action before the end of September and preferably as soon as possible. The UKIPO has advised IP owners not to leave matters until the final deadline in order to avoid a bottle-neck of filings which will delay examination of UK applications for the rest of 2021 and into 2022.
Do get in touch if you would like to discuss this or any other IP matter.