The deadline for retaining the EU filing dates for comparable UK trade mark and registered design applications is rapidly approaching.
Following Brexit, for EU trade mark/Community registered design applications that were pending on 1 January 2021, there is a deadline of 30 September 2021 to file a comparable UK trade mark/registered design application claiming the earlier filing date (and any priority date). In contrast with EU trade marks and Community designs that were registered by 1 January 2021, the UK IPO has not automatically created a comparable UK right, so an application must be filed on or before the deadline to retain the earlier filing/priority date for the UK.
Further guidance published by the UK IPO may be accessed here:
Whilst Powell Gilbert does not have a trade mark or design prosecution practice, the firm has been very active in bringing and defending trade mark oppositions before the UK IPO and infringement/invalidity actions before the UK courts. For prosecution work, we would be happy to make recommendations as to leading UK trade mark attorneys.
For further information, please feel free to contact us by email (firstname.lastname@example.org) or telephone (0044 203040 8000).