On 31 December 2020 the United Kingdom left the European Union, consequently, from 01 January, 2021, European trade mark registrations (EUTMs) and Registered community designs (RCDs) ceased to have effect in the UK.

Final Deadline for Filing UK Equivalent Rights

Under the Withdrawal Agreement Act the owner of any EUTMs or RCDs which were registered before December 31, 2020, benefited from the free and automatic creation of a comparable UK right by the UK Intellectual Property Office (UKIPO).

For all EUTMs and RCDs which were still pending after December 31, 2020, the applicant was invited to apply to the UKIPO for a comparable UK registered design within nine months of the transition period.

The deadline for filing UK equivalent EUTMs and RCDs is fast approaching.

In order to retain the earliest filing date of the EUMT or RCD and any valid priority or seniority claims of the European trade mark application applications for a UK equivalent right must be filed no later than 30 September, 2021.

If you require any advice on filing a UK equivalent right then please contact us at Abigail.welford@franksco.com or franksco@franksco.com.

Article Published September 10th, 2021