By Mary White
The UK’s departure from the EU meant that EU trade marks no longer have legal effect the United Kingdom. Existing EU trade marks which were registered by 31st December 2020 were automatically protected, but pending applications were not.
If you are the owner of an EU trade mark which was applied for, but not registered, at the start of this year: if you wish to maintain protection in the UK, you must file an application with the UKIPO no later than the 30th September 2021.
The deadline to file corresponding UK Applications will expire on 30 September 2021. This is a final deadline which cannot be extended. If a corresponding UK Application is not filed, you will lose your UK protection and the benefit of the EU filing date (and any related priority date, if applicable).
If you are not sure whether this is relevant to you, just give us a call +44 1872 266810 or send us an email to [email protected] and our team will be happy to check your trade mark details and advise you on what steps to take.
EU trade marks which were already registered up to and including 31st December 2020 enjoy automatic continuity of protection in the UK. These marks have been automatically granted, free of charge, an identical UK trade mark (same sign, same goods and services, same filing/priority date, same UK seniority. These marks will have to be renewed separately at future renewal dates, to maintain on-going protection.
The UK did not automatically create a UK application for any EU trade mark applications that were filed but not registered at the EUIPO on 31 December 2020.
Instead, owners of such marks are given the opportunity, until 30 September 2021, to file a UK application for the same trademark, in respect of some or all of the same goods and services, in order to maintain the benefit of the same filing, priority and seniority dates.
Equivalent arrangements apply for international trademarks that were protected in the EU on 31 December 2020, and for pending applications for such registrations.
The deadline to take action and to file corresponding UK Applications will expire on 30 September 2021 and this deadline cannot be extended. If a corresponding UK Application is not filed, you will lose your UK protection and the benefit of the EU filing date (and any related priority date, if applicable).
So if you are the holder of an EU trade mark which was registered on 1st January 2021 or after, and the UK is a territory where you require trade mark protection, contact us at NJ Akers & Co. immediately to avail of this opportunity at [email protected] or +44 1872 266810.