Why you should register your pending EU Trademark rights in the UK – The Clock is Ticking!
If you hold an EU registered Trademark, you are probably aware that as of the 1st January 2021, your EU registered Trademark was no longer protected in the UK, but that under the Withdrawal Agreement Act, the IPO created a comparable UK registered trademark.
However, if you had an EU trademark application that was still pending on the 1st January 2021, then you can file to register the same trademark as a UK right within 9 months after the end of the transition period. This gives you up to the 30th30th of September 2021, so the clock is now ticking if you would like to register that right in the UK.
You will retain the earlier filing date of the pending EU Trademark, if you decide to register an EU Trademark as a UK Trademark and providing you submit your application within 9 months after the end of the transition period. You must ensure that, the application relates to the same trademark that was the subject of the EU Trademark and that you seek protection for exactly the same goods and services, otherwise you will not be able to claim to the earlier EU filing or priority dates. The UK application will be treated and examined as any other UK application. The usual UK fees will apply.
Visit our resources page for more downloadable information on how Brexit affects intellectual property or contact us at: firstname.lastname@example.org.