Melanie Hart Partner
EU and UK trade mark and registered design renewals
Important notice for all EU trade mark and registered design rights owners: If you have EU trade mark or design registrations that are due for renewal between 1 January and 30 June 2021, important new changes will affect the renewal of your mirrored UK registration(s).
With the end of the Brexit transition period approaching, as an EU trade mark and/or design right owner, you may be uncertain as to the status of your registration(s) and rights as of 1 January 2021.
On 1 January 2021, all existing EU registrations will be automatically ‘mirrored’ to create an identical equivalent UK registration. This is to ensure that you do not lose your protection as a result of Brexit.
This equivalent UK registration will ‘mirror’ your EU registration, meaning that it will have the same details in terms of the elements which it is made up of and the classes of goods/services which it cover - as well as the same renewal date.
The UK Intellectual Property Office (UKIPO) intends to make all equivalent UK registrations live on 1 January 2021, and you will be able to view your new UK registration details on the UKIPO’s website.
For EU trade mark renewals due on or before 31 December 2020
- If your EU registration is due for renewal on or before 31 December 2020, ensure you renew your trade mark on time.
- This will mean that your EU registration will be renewed and receive a new renewal date for ten years’ time.
- By renewing your EU registration on time, your mirrored UK registration will also have a renewal date for ten years’ time.
- This will reduce your overall renewal fees, as you will only be required to pay renewal fees for your EU registration this year - but will also receive your mirrored UK mark.
- Example: If your EU registration is due for renewal on 28 December 2020, and you renew your EU trade mark on or before this date, your EU trade mark will be allocated with the new renewal date of 28 December 2030. As a result, when your equivalent UK trade mark is created, its renewal date will also be 28 December 2030.
For EU trade mark renewals due between 1 January and 30 June 2021
- If your EU registration falls due for renewal between 1 January and 30 June 2021, your mirrored UK trade mark will still have the same renewal date as your EU registration, regardless of the fact that your equivalent UK registration would have only been created on 1 January 2021.
- Example: If your EU registration is due for renewal on 24 January 2021, your mirrored UK registration will also be due for renewal on 24 January 2021.
- It is important to note that renewing your EU registration early will not impact the renewal date of your equivalent UK registration.
- Example: Referring to the above example,if your EU registration is due for renewal on 24 January 2021, but you renew it early on 24 December 2020 - although your EU registration will be given the new renewal date of 24 January 2031, your mirrored UK trade mark registration’s renewal date will not be impacted by this early renewal, and will still be due for renewal on 24nd January 2021.
- This means that, in addition to paying the renewal fees of your EU registration, you will also be required to pay a separate renewal fee for your mirrored UK registration.
At Ince, our Intellectual Property and Brand Management teams can help with the full range of brand management issues; including trade mark renewals, IP portfolio management and advising on IP brand strategy. Our expert IP team would be delighted to assist you with the renewal of your EU and/or UK trade mark(s), and can also advise on trade mark protection in other jurisdictions worldwide.
We can also act as your address for service for your mirrored UK trade mark registrations free of charge. As part of our service we will act as your trade mark representative, and keep you updated with upcoming trade mark renewals so that you can always keep track of your IP portfolio. For more information, read our article on address for service here.
In addition to the UK, we are well placed to assist you with your EU IP requirements, given our offices in Germany, Cyprus and Greece. Therefore, we are well placed to assist and streamline UK and EU projects.