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The United Kingdom (UK) has officially withdrawn from the European Union (EU) on February 1, 2020, but will only become a third party after a transition period ending on December 31, 2020. With that date fast approaching, you are probably wondering what will change for your trademark rights on January 1, 2021?
EU TRADEMARKS
REGISTERED BEFORE JANUARY 1, 2021
Owners of EU trademarks (and EU parts of International Registrations) registered on or before December 31, 2020 will automatically receive a registered and enforceable UK trademark on January 1, 2021, without any re-examination or additional costs. The UK trademark will be for the same sign, the same goods, and the same filing, priority or seniority date as its corresponding EU trademark.
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An address for service (“AFS”) is required in order to correspond with the UKIPO and for the purposes of proceedings relating to IP rights in the UK. The AFS rules currently require that address to be in the UK, Channel Islands or the EEA. From 1 January 2021 these rules will change, such that the address may need to be in the UK, Channel Islands or Gibraltar. In this note, we summarise the changes to the AFS rules and the steps you will need to take to address these changes in relation to Comparable UKTMs and Re-Registered UK Designs.
Thursday, December 17, 2020
The United Kingdom (UK) has officially withdrawn from the European Union (EU) on February 1, 2020, but will only become a third party after a transition period ending on December 31, 2020. With that date fast approaching, you are probably wondering what will change for your trademark rights on January 1, 2021?
EU TRADEMARKS
REGISTERED BEFORE JANUARY 1, 2021
Owners of EU trademarks (and EU parts of International Registrations) registered on or before December 31, 2020 will automatically receive a registered and enforceable UK trademark on January 1, 2021, without any re-examination or additional costs. The UK trademark will be for the same sign, the same goods, and the same filing, priority or seniority date as its corresponding EU trademark.