Deadline to create UK trade mark and design applications cloned from certain corresponding EU rights which were pending at the end of the Brexit transition period is 30 September 2021

September 2021

Owners of EU Trade Marks and Designs (including designations of the EU under the International System administered by WIPO) which had been granted protection by the EUIPO by 31 December 2020 (except in design cases in which publication was deferred) were awarded corresponding UK registrations automatically after the expiry of the Brexit transition period at the end of 2020.

However, owners of applications for such EU rights which had been filed by 31 December 2020 though which had not been granted protection by the EUIPO by (or in design cases in which publication was deferred beyond) that date were not automatically awarded a corresponding UK application.  Instead, owners of such EU applications are entitled to a corresponding UK application (“Cloned UK application”) with the same filing/priority date as the EU application/designation only if a request is filed with the UK IPO and the relevant application fee is paid to the UK IPO.  The 30 September 2021 deadline to file requests for Cloned UK applications in most cases is now approaching, and parties interested in seeking such UK rights are advised to seek professional advice on the matter beforehand.  If you or your clients have any questions or if we may assist as regards filing Cloned UK applications, please get in touch.