With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK.

For the holders of existing European Union Trade Marks (EUTMs) and Registered Community Designs (RCDs) including EU designations under the Madrid system, the UK IPO created over 2 million comparable trade marks and re-registered designs (“clones”) that have the same legal status as if they had been applied for and registered under UK law.

As indicated in our related post “Make it a double” of 5 January 2021, EU applications still pending at the end of the transition period were not automatically converted into a corresponding UK application. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021. This includes claiming any valid international priority the right holder had on the pending EU application, along with any UK seniority claims recorded against it.

The UK IPO is strongly encouraging right holders who have not yet done so to file these applications as soon as possible, as early application will help with early examination and allow time for refiling if necessary, as the deadline approaches. The UK IPO’s News story can be accessed here.