Following Brexit, EU Trade Marks (EUTMs) and Registered Community Designs (RCDs) registered as at 11pm on 31st December 2020 were recreated as UK rights, with the same priority and filing dates.
More than two million trade marks and designs have now been recreated, ensuring continuation of protection, with huge thanks to the efforts of the UK Intellectual Property Office.
There is a nine month window (until 30 September 2021) to reapply in the UK for EUTMs or RCDs that had been filed but not made it to registration before 31st December 2020.
For more information about these changes to IP following Brexit, please contact your usual advisor at Boult Wade Tennant.
EUTMs and RCDs cover all current member states of the EU. This coverage was due to end in the UK at the end of the transition period, however, to ensure continuation of legal protection in the UK the rights have been ‘cloned’.