For most EU trade mark owners, 30 September 2021 was the final day to refile EU trade mark applications in the UK and still keep the earlier filing and priority dates of the EU application. Of course, the EU trade mark application had to be pending on 31 December 2020 to take advantage of this benefit. That date has now passed and owners of direct EU trade mark filings can no longer refile their applications in the UK and keep the earlier dates corresponding to the EU application.
However, owners of EU designations of International Registrations may still have an opportunity to take advantage of the Brexit refiling rules.
If an application for an International Registration designating the EU was dated before 31 December 2020, then the deadline was still 30 September 2021. Similarly, the deadline also applied to subsequent designations for protection in the EU which were recorded in the International Register before 31 December 2021.
However, the UKIPO has extended the deadline to file EU designations which were pending at 11 pm (UK time) on 31 December 2020, where the date given to the International Registration designating the EU or the date the subsequent EU designation was recorded in the International Register, was a date on or after 31 December 2020.
So, if you have an International Registration designating the EU dated after 31 December 2020 or a subsequent designation recorded after 31 December 2020, please contact us to find out if you may still have an opportunity to re-file in the UK and still keep those important earlier fling and priority dates.
Due to this anomaly, it is still important to keep searching EU marks when seeking to clear a mark for use and registration in the UK. Again, do contact us for extra information.
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