Retaining protection in the UK for EU Intellectual Property rights
Published 4 January 2021
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This publication is available at https://www.gov.uk/government/publications/retaining-protection-in-the-uk-for-eu-intellectual-property-rights/retaining-protection-in-the-uk-for-eu-intellectual-property-rights
The Transition Period relating to the UK’s exit from the European Union will end on 31 December 2020. From the 1 January 2021 all existing EU Trade Marks (EUTM), Registered Community Designs (RCDs) and International Registrations designating the EU will only cover the remaining 27 EU Member States.
These registered rights will no longer provide protection in the UK.
On 1 January 2021, under the terms of the Withdrawal Agreement, the IPO will create a re-registered UK design for every Registered Community design (RCD) and every International design (EU), a comparable UK trade mark for every registered EU trade mark (EUTM) and every International trade mark (EU) that are protected at the end of the transition period.
The new UK rights will be treated as if they had been applied for and registered under UK law.
If you were the registered owner of an EU trade mark, Registered Community Design or International Registration designating the EU immediately prior to 11pm on 31 December 2020, you will now have a comparable UK right.
We have provided some guidance on how to find information relating to your new right, as well as how to opt out and renew your new right. We have also provided links to further guidance on the new rights.
UK registration numbers for the equivalent rights
Trade Marks
We have created new UK trade mark numbers for the comparable rights by:
- taking the last eight digits of the existing EU Trade Mark number prefixed with ‘UK009’
- the existing International Registrations designating the EU number prefixed with ‘UK008’
You can find the details of your comparable UK trade mark on the Search for a trade mark service on GOV.UK. We would recommend that you check your right.
Examples of new comparable UK trade mark numbers:
| Existing EU Trade Mark number | Comparable UK trade mark number |
|---|---|
| 000000977 | UK00900000977 |
| 017867542 | UK00917867542 |
| Existing International Registrations designating the EU | Comparable UK trade mark number |
|---|---|
| 11145048 | UK00811145048 |
| 11145112 | UK00811145112 |
Registered Designs
We have created new UK registered designs numbers for the re-registered right by:
- taking the existing registered Community design number prefixed with ‘9’
- taking the existing International Registrations designating the EU number and Design View number prefixed with ‘8’ and adding zeros to make it a 14 digit number
You can find the details of your re-registered design on the Find a registered design service on GOV.UK. We would recommend that you check your right.
Examples of new re-registered UK design numbers:
| Existing registered Community design number | Re-registered UK design number |
|---|---|
| 004048098-0004 | 90040480980004 |
| 000000021-0001 | 90000000210001 |
| International Registration Number (WIPO) | Design number (Design View) | Re-registered UK design number |
|---|---|---|
| DM/069 640 | D069640-0004 | 80696400004000 |
| DM/069 629 | D069629-0002 | 80696290002000 |
Opting out of a comparable UK registration
You can opt out if you do not want this comparable UK trade mark or re-registered design.
- Opt out of holding a comparable trade mark
- Opt out for comparable trade marks: International registrations designating the EU
- Opt out for re-registered designs
- Opt out for re-registered designs: International registrations designating the EU
Renewing a UK right
All comparable trade marks and re-registered designs will be subject to renewal in the UK. Where renewal is due after Brexit date 31 December 2020 we will send you a letter explaining the steps needed to renew the new UK right.
Further information
-
EU trade mark protection and comparable UK trade marks This guidance relates to comparable UK Trade Marks and sets out the changes we are making to UK law in the event of no deal.
-
Changes to unregistered designs This guidance relates to re-registered designs and sets out the changes we are making to UK law in the event of no deal.
-
Changes to EU and international designs and trade mark protection This guidance relates to International trade marks and designs and sets out the changes we are making to UK law in the event of no deal.
-
Personal information charter This guidance will explain how the Intellectual Property Office will treat your personal data under UK law.