Non-UK based rights holders should consider appointing a UK address for service before January next year to avoid potential pitfalls, says Lauren Somers of HGF.
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The Brexit transition period ended on December 31, 2020. As of January 1, 2021, the United Kingdom will have left the European Union trademark and design system.
Although European-wide rights such as European Trademarks (EUTMs) will now cease to have effect in the United Kingdom, identical U.K. trademark rights will be automatically created or “cloned” from corresponding European Union trademark registrations. Note, however, that U.K. rights from EUTM applications that are pending as of December 31, 2020 will not be created automatically, and the owner will need to file an application for the rights in its EUTM application to be extended to the U.K.