Last call to apply for UK rights from pending EUTM applications and designs

Deadline: 30 September 2021

As most IP owners will be aware, following the UK’s exit from the EU, unitary EU trade marks and designs no longer cover the UK. 

Under the terms of the UK’s withdrawal, EUTMs and designs registered by 31 December 2020 were automatically cloned into corresponding UK national registrations. 

However, the holders of EU trade mark and design applications still pending on 1 January 2021 were required to take action to avoid loss of rights in the UK. This includes the holders of EU designs for which publication of the registration was deferred until 2021.

Applicants have until 30 September 2021to file corresponding UK applications, in order to maintain rights in the UK dating back to the filing date of the original EU application and any relevant priority claim

It is expected that a large number of UK trade mark and design applications will be filed this month, as applicants rush to take advantage of the transitional provisions before the deadline expires.

We therefore recommend filing corresponding UK applications as soon as possible before the 30 September 2021 deadline, in case of last minute glitches in the UKIPO’s online filing systems, due to a large influx of applications.

Please get in touch with your usual Greaves Brewster contact if you need assistance with filing a new UK trade mark or design, or have any questions about the impact of Brexit on your IP portfolio.