Unregistered Community Designs

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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Similar criteria for subsistence apply to unregistered Community designs to those of registered Community designs, that is the unregistered Community design must be original and have individual character in order to qualify for protection.

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Protection is applicable from the date of disclosure of the design to the public within the European union, where disclosure includes marketing, publicly disclosing or sale of the design. Qualifying designs are protected as unregistered European Community designs for a period of 3 years from the date of disclosure.

The major difference in the extent of the protection given by a registered Community design over that of an unregistered Community design is that the registered Community design can protect against both copying and independent creation of an identical/similar design. An unregistered Community design will be protected against copying only.

Experts in Unregistered Community Designs

Robert B Franks Robert B Franks

Chartered & European Patent Attorney and Chartered Trade Mark Attorney
E : robert.franks@franksco.com
T : +44 (0)114 249 9888

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Abdulmalik Lawal Abdulmalik Lawal

Chartered Patent & Trade Mark Attorney and European Patent Attorney
E : abdulmalik.lawal@franksco.com
T : +44 (0)114 249 9888

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Jon Banford Jon Banford

Chartered & European Patent Attorney and Chartered Trade Mark Attorney
E : jon.banford@franksco.com
T : +44 (0)1604 632 436

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Abigail Welford Abigail Welford

Chartered & European Patent Attorney and Chartered Trade Mark Attorney
E : abigail.welford@franksco.com
T : +44 (0)114 249 9888

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