EUIPO filings after Brexit.
Since 1 January 2021, EU trade marks (EUTMs) and EU Designs (RCDs) are no longer protected rights in the UK.
Under the Withdrawal Agreement Act, on the 1 January 2021, the UKIPO created a parable UK trade mark and design for all right holders with an existing EUTM and RCD.
Existing EUTMs and RCDs still protect trade marks and Designs in EU member states.
Receiving a comparable UK trademark and Design
On 1 January 2021, the UKIPO created a comparable UK trademark and design for every registered EUTM and RCD.
The number allocated to the comparable mark is the last 8 digits of the EUTM prefixed with UK009.
Existing EUTM: 017867542
Comparable UK mark: UK00917867542
Each of these UK rights:
- are recorded on the UK trademark and design register
- have the same legal status as if you had applied for and registered it under UK law
- kept the original EUTM or RCD filing date
- kept the original priority or UK seniority dates
- are fully independent UK trademarks or designs that can be challenged, assigned, licensed or renewed separately from the original EUTM
Once a comparable UK trademark or design is created, a separate renewal fee will apply for each comparable UK trademark and the existing EUTM.
The fees will need to be paid separately to UKIPO and the EUIPO.
For the purposes of future renewal, the comparable UK right will retain the existing renewal date of the corresponding EUTM/RCD.