We have become aware of scam letters being sent to owners of European Union trade marks (EUTMs). It is likely the scammers are also targeting owners of registered Community designs (RCDs).
The scam is currently taking two forms:
- Advising, erroneously, that there is a need to replicate existing EU trade marks into UK marks ahead of Brexit; and
- Advising that a renewal is required a year ahead of the actual date of renewal when this service is not possible until four to six months before the required date of renewal (dependent upon the type of intellectual property right being renewed).
Both scams, unsurprisingly, require money to be spent. In the case of replicating EUTMs and RCDs this expenditure is unnecessary. For renewals there is also no guarantee that the companies involved will follow through and complete the service offered and paid for.
EUTMs, RCDs & Brexit
It is not necessary to replicate any existing EUTM or RCD in the UK ahead of Brexit. The UK Government has already released advice detailing that existing EUTMs and RCDs will be automatically replicated in the UK post Brexit. Your usual D Young & Co contact will be in touch regarding any pending applications when there is clarity on the date and form of the UK's exit from the EU. At the present moment, there is no need to take any action. A full breakdown of how EUTMs and RCDs will be treated in the UK post Brexit can be found in our Post Brexit intellectual property rights guide.
If D Young & Co is tasked with a renewal service on your behalf, you will receive reminder notification directly from our renewals team by email. In the case of EUTMs the first notification you will receive will be six months ahead of the renewal date. For patents and RCDs the first notification will be four months ahead of the renewal date. Further notifications will be sent at timely intervals and these will also come directly from our renewals team by email.
If you receive a letter or email and are unsure about the contents, please let your usual D Young & Co contact know.