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30 September 2021: end of the last deadline for the extension to the United Kingdom of the protection of EU trade marks and Community designs

EU trade marks and Community designs pending registration as of 31 December 2020 did not automatically generate comparable UK trade marks or design rights. The deadline to extend protection, while retaining the EU or Community filing/priority dates, ends on 30 September 2021.

Conditions to benefit from the extension of protection in the UK:

IP rights concerned:

  • EU trade marks
  • Community designs
  • internationals trade marks designating the EU
  • international designs designating a Community design
    pending registration as of 31 December 2020.

Steps to be taken: file a new application with the UKIPO before 30 September 2021.
The UK trade mark or design application must include the same elements as the original EU/WIPO application:

  • same owner
  • same sign
  • for trade marks: same specification (limited specification acceptable).

Cost: the official fees will be that of filing the corresponding UK national title.

Effects: conservation of the EU or Community application/priority dates.

Additional consideration for any oppositions against EU trademarks filed before 1 January 2021:

If you opposed EU trade mark applications filed prior to 1 January 2021, we advise verifying whether any corresponding applications have been filed in the UK. If so, and provided you have comparable rights in the UK, you may wish to consider likewise opposing such applications.


flash_brexit_-_tm_and_dm_reminder_202109vdef.pdf

20 September 2021
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