UK trade mark applications: deadline approaching to benefit from EU filing date

The deadline to file a comparable UK trade mark application based on an EU Trade Marks (EUTMs) registration is now approaching.

Unlike the owners of registered EUTMs, holders of EUTM applications that were pending (but not yet registered) at the end of the Brexit Transition Period were not automatically granted an equivalent UK application.

Instead, applicants were given a period of nine months from the end of the Transition Period to file an equivalent UK application, such application would then benefit from the same filing/priority/seniority date as the EUTM from which it originated.

The deadline before which this UK application must be filed is 30 September 2021.

As set out above, this is not an automatic process. The applicant has to file an application for the UK trade mark and will have to pay the relevant application fees. Accordingly, if you have a pending EUTM application, or an EUTM that was registered after 31 December 2021 you may now wish to consider applying for an equivalent right in the UK as soon as possible, and in advance of 30 September 2021.

If you would like any further information on comparable UK trade mark applications or have any general questions regarding applications for intellectual property rights in the UK please contact Blake Morgan’s Intellectual Property Team.