Brexit - Have you re-filed your pending EU Trade Mark and Design Applications in the UK?

United Kingdom

As of 1 January 2021, EU Trade Marks (EUTMs) and Registered European Designs (RCDs) no longer extend to the UK.

EUTMs and RCDs which were registered on 31 December 2020 now enjoy protection in the UK via comparable UK trade marks and re-registered UK designs which automatically came into existence on 1 January 2021.

However, EUTM Applications and EU Design Applications which were pending on 31 December 2020 did not receive such automatic protection in the UK. 

EUTM and Design Applicants currently have the option to seek protection in the UK for trade marks and designs claiming the filing and priority dates of those EUTM Applications and EU Design Applications which were pending on 31 December 2020.

The window during which such applications can be filed, and the earlier filing/priority dates claimed, ends on 30 September 2021.