The New Year marked the end of the transition period for the UK’s departure from the EU.  Whilst around 2 million registered EU rights have been automatically cloned onto the UK register, applicants are reminded that any EU trade mark / design applications that were pending on 31 December 2020 will require further action.

Should protection in the UK be required from these pending applications, it will be necessary to re-file nationally at the UK IPO (at normal costs).  If this is done within a nine-month grace period ending on 30 September 2021, these rights will be back-dated to the EU filing date.  Such applications will be examined separately under UK law by the UK IPO.

We recommend that applicants take advantage of this grace period to avoid gaps in protection of IP rights.

A reminder to owners of trade marks in both Jersey and Guernsey that Brexit has no bearing on their rights, and nor does it affect holders of European patents.


For more information please contact the author, Richard Stilwell, at richard@lysaght.co.uk