On exit day, all EU registered trade marks will continue as EU 27 member state registered trade marks, and will no longer include the United Kingdom.
The United Kingdom trade marks registry has announced that it will automatically and without cost issue a comparable United Kingdom registered trade mark. The numbering system which the UK trade Marks registry will use has now been announced.
The UK trade mark registration number will take the same number as the corresponding EU registered trade mark, but will substitute the prefix EM or EU for the prefix UK, and will substitute the initial number 0 for the number 009.
This means that the existing 9 digit number of an EU registered trade mark converts to a comparable 11 digit 900 million series UK registered trade mark number, preceded by two zeros.
For example, if there is an EU registration EU 002660480, the equivalent UK registered trade mark will be numbered UK 00902660480.
The new comparable UK trade marks will be recorded on the UK register and shall retain the filing dates recorded against the corresponding EU registered trade mark. They will also inherit any priority or seniority claims from the corresponding EU registered trade mark.
The new comparable UK trade mark right is a national right, and will have an independent life from the original EU registered trade mark and will be able to be challenged, assigned, licensed or renewed separately from the original EU registered trade mark
Director of trade marks
Article Published March 7, 2019