The UK is due to leave the EU trade mark and design system (EUIPO) on 31/12/2020.
At that time European Union trade mark and design registrations will spin off or clone into identical UK trade mark and design registrations. This is an automated process, if we represent your trademark or design patent, there is nothing to be done (unless you do not want the cloned IP right).
If we are not recorded as the representatives for your EU trademark or design: We can manage this process in the UK free of charge for you: We would become your representative at the UK IPO for these new UK registrations.
We would like to remove any uncertainty you or your clients may have over this process.
On its website the UK IPO says: “These comparable UK rights will be recorded on the UK register and retain the filing dates recorded against the corresponding EUTM. They will also inherit any priority and/or seniority dates.
It will be different if your trade mark or design is still in the application process (not yet registered): If you have a European trademark or design application that’s still pending on 1 January 2021, you will be able to:
– apply to register the same trade mark / design patent as a UK right until 30 September 2021
– retain the earlier filing date of the pending EUTM / design patent even if it is older than six months
Please send us the trade mark or design patent information to our dedicated email clone.uk@sulelaw.com