Absolute deadline for filing corresponding UK Applications expires on 30 September 2021 If you are the owner of an EU Trade Mark Application or Registration that was pending on 1 January 2021, and if the UK is a territory of interest to you, then please sit up and take note. The deadline to take action and to file corresponding UK Applications will expire on 30 September 2021. This deadline is absolute. If you don’t take action, your EU Mark will no longer have effect in the UK.
Trademarks are a headache. Trademarks for foreign countries are even worse. You just found out that a US trademark won’t apply in the UK, and who even knows if they work in the EU (they don’t, by the way).
Brand owners seeking to do business in Europe are well-advised to apply to register their key brands as trademarks. With the United Kingdom formally leaving the European Union as of January 31, brand owners seeking protection in the UK will have two choices: i) they can wait to extend their trademark registrations from the European Union pursuant to a transition process expected to be finalized in the year ahead; or ii) they can plan pro-actively to file UK trademark applications in the months ahead, before the “Brexit” transition is complete.
The Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.
Impact of the UK’s withdrawalfrom the EU – EUTMs and RCDsOn 29 March 2017, the United Kingdom (UK) notified its intention to leave the European Union (EU).As a consequence, unless a withdrawal agreement is ratified or another date determined by the European Council, in agreement with the UK, the UK will become a third country and EU law will ex lege (Article 50(3) TEU) cease to apply to the UK (so called “hard Brexit” scenario).The withdrawal day is currently set for 30 March 2019.This section contains the relevant information on how the EUIPO intends to handle the circumstances in which EUTM and RCD Regulations would cease to apply to the UK as from the withdrawal day.
Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.However, the government must prepare for every eventuality, including a no deal scenario. For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU on 29 March 2019.