The IPO reminds customers that those with EU trade marks and design applications that were pending on 1 January 2021 can file for a UK right and claim the earlier filing date. This service is only available until 30 September 2021.

The IPO is encouraging holders of such rights to file these applications with it as soon as possible. An early application will help with early examination and allow time for re-filing, if necessary, as the deadline approaches.

Under Article 59 of the Withdrawal Agreement between the UK and the EU, customers can:

• apply to register the same right as a UK right within nine months after the end of the transition period, this being up to and including 30 September 2021;
• claim the earlier filing date of the pending right; and
• claim any valid international priority they had on the pending EU application, along with any UK seniority claims recorded against it.

In terms of the application process, the application must:

• relate to the same trade mark that was the subject of the EU right application; and
• seek protection in respect of goods and services that are identical to, or contained within, the corresponding EU application.

If the details of the application do not match those of the corresponding EU application, customers will not be able to claim the earlier EU filing or priority dates.

Customers must submit the application by 30 September 2021. The IPO will then treat the pending EU application as a UK application and examine it under UK law. The usual UK fees for trade marks and designs apply.

This does not affect claims to priority under the Paris Convention. The IPO will continue to accept valid claims under the Paris Convention going forward. To read the IPO’s reminder in full, click here.