As the UK has now left the European Union, registered Community designs and EU trade marks no longer provide protection in the UK.
At the end of the transition period (1 January 2021) comparable UK rights were automatically made for holders of registered Community designs and EU trade marks.
However, comparable rights were not automatically generated where applications were still pending as of 1 January 2021. Rights holders have until 30 September 2021 to apply for a registered UK design or UK trade mark whilst retaining the filing date of the corresponding EU right.
If you have registered design rights or trade marks in the EU then we would advise that you verify a comparable right has been made in the UK.
For cases where applications were still pending at the end of the transition period, you should take steps to ensure that you do not miss the deadline for acquiring protection in the UK based on your EU rights.
Please get in touch if you think this is relevant to you and you would like clarity on your position. We also provide services for UK trade mark and UK design right registration.
At Scintilla, we help innovative companies get a grip on their intellectual property. Our unique commercial approach combines registration of patents and trade marks with strategic input so that IP can be a springboard for business growth. If you would like to discuss your IP needs, do contact us or book a free initial consultation!