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UK trade mark filings for EUTM applications pending 01 January 2021: 30 September deadline!

Any European trade mark (EUTM) application that was pending on 01 January 2021 may be re-filed as a UK application by 30 September 2021, claiming the filing and priority date. This date also applies to any registered Community designs that were pending on 01 January 2021.

On 01 January 2021, the UK Intellectual Property Office (UKIPO) automatically created “comparable UK trade marks” for all existing EUTM registrations. New UK trade mark rights were also created for existing protected EU designations of international registrations. Comparable UK trade marks were not created for any EUTM applications (and EU designations of international registrations) that were pending on 31 December 2020.

The D Young & Co trade mark team is able to assist in filing new UK applications for any EUTMs that were pending on 01 January 2021. The UK filing will take the same details as the pending EUTM, including priority and filing dates. However it must be filed before the 30 September 2021 deadline. We can also do this for registered Community designs (RCDs).

On a related housekeeping point, for the new comparable rights that have been created this year, the representative/address for service will mirror the original EUTMs and EU designations. We are also able to assume responsibility for any comparable UK trade marks to ensure that your client has a UK address for service and make no charge for this.

View our "IP after Brexit" guide

We have published a guide summarising the changes to IP rights effective as of 01 January 2021.

With offices in both the UK and Germany, D Young & Co’s service will not be affected by Brexit and we will continue to advise on EU, UK and German trade marks, designs and copyright. Our services relating to European, UK and German patents are unaffected by Brexit.

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Watch our latest post Brexit trade marks webinar

In July 2021 we broadcast our latest trade mark webinar "Brexit and trade marks - where are we now and what do we (not) know?".

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IP after Brexit Our IP & Brexit FAQ