Withers and Rogers upcoming deadlines - EU Trade Mark and Design applications post Brexit

MIA member Withers and Rogers have released the following article.

Any EU Trade Mark or Design application which was pending on 01 January 2021 can be refiled as a new UK Trade Mark or Design application within a grace period of nine months until 30 September 2021 maintaining the filing date or priority date. It will be subject to the usual application process in the UK. 

The Intellectual Property Office (IPO) is encouraging holders of such rights to file these applications as soon as possible. An early application will help with early examination and allow time for refiling if necessary, as the deadline approaches. 

For more guidance from the UK IPO please click here.

Withers and Rogers strongly advise that you review your EU portfolio and take advantage of the grace period to obtain protection in the UK.

In addition to this, they would like to draw your attention to the ongoing exemption from late fees for comparable registrations. If the UK comparable Trade Mark or Design had a renewal due between 01 January 2021 – 30 June 2021, the owner can renew the UK comparable application within a six-month period that is set from the date of the UKIPO's expiry notice, with no late fees. 

This system is not applicable for any comparable registrations with renewal dates due from 01 July 2021 onwards.  

Their attorneys are at hand to assist in these matters. For Trade Marks, please contact Fiona McBride - fmcbride@withersrogers.com or Tania Clark - tclark@withersrogers.com. For Designs, please contact Richard Worthington – rworthington@withersrogers.com.