Owners of Registered Community Designs (RCDs) or Hague international designs designating the EU that were pending on 31 December 2020 have until 30 September 2021 to ‘re-file’ their designs at the UKIPO as UK national applications in accordance with the Brexit provisions, even if those designs have since become registered. With this deadline now imminent, owners of such designs must act urgently if they want to protect their designs in the UK.
As a reminder, RCDs that were pending at the end of the Brexit transition period on 31 December 2020 can be re-filed in the UK within 9 months, so until 30 September 2021. Doing so will mean that the filing date, plus any priority claims, of the RCD will be retained by the new UK national application. This is to ensure that design owners are safeguarded against any possible loss of rights caused by Brexit and the fact that RCDs no longer cover the UK. The usual fees and forms will be required to re-file the design in the UK, and the re-filed design will be examined under UK law. Corresponding provisions apply for Hague international designs designating the EU that were pending on 31 December 2020.
Whilst the official deadline for Brexit re-filings is 30 September 2021, we strongly recommend that you send us your instructions before Tuesday 28 September 2021 at the latest so that there is sufficient time to process all instructions before the formal deadline.
For RCDs and Hague international designs designating the EU that were registered by 31 December 2020, the UKIPO has automatically created a fully equivalent UK registered design, so there is no need to apply to re-file the design in the UK. However, a separate renewal fee will apply for each re-registered UK design. If you would like us to take over representation of such UK registered designs, we would be pleased to do this without charging any fees.
Trade mark re-filings
Owners of EU trade mark rights that were pending on 31 December 2020 have until 30 September 2021 to ‘re-file’ their marks at the UK IPO as UK national applications in accordance with the Brexit provisions, even if those EU rights have since become registered. Read more.
To learn more about what Brexit means for trade marks, designs and patents, feel free to view our detailed Q&A, visit our Brexit spotlight page or view our Brexit blogs.
If you need more advice or have questions that these materials don't answer, please get in touch with your usual Mewburn contact or email mail@mewburn.com.
