EU filing date on UK trade marks.

Key points

EU trade marks application filed before 1 January 2021 can claim the EU filing date in UK applications. However to be eligible, the UK trade mark application must be:

• filed on or before 30 September 2021;
• for the same trade mark; and
• for the same goods and services.

Impact of Brexit

In our recent blog post, we discussed the impact of Brexit in relation to UK trade mark applications filed through the European Union Intellectual Property Office (EUIPO) prior to 1 January 2021.

UK deadline and requirements

Applicants with EU trade mark applications pending on 1 January 2021 can apply for the same trade mark in the UK through the UKIPO until 30 September 2021 and claim the filing date of their EU trade marks.

The UK trade mark application must relate to the same trade mark and goods and services. It also must be filed no later than 30 September 2021 in order to be eligible to claim the EU priority date.

All UK trade marks that were previously registered with the EUIPO prior to 1 January 2021 were transferred to the to the United Kingdom Intellectual Property Office (UKIPO) database.

As noted previously, to apply for new trade marks in the EU or the UK now, you must file an application with the EUIPO and the UKIPO separately.

Further information can be found at the UKIPO website here.

For advice and assistance in filing and managing your Australian and international trade marks, contact Bespoke.