Retaining protection in the UK for EU intellectual property rights from 1 January 2021
Last updated 13 August 2021
The Transition Period relating to the UK's exit from the European Union ended on 31 December 2020. From 1 January 2021, all existing EU Trade Marks (EUTM), Registered Community Designs (RCDs) and International Registrations designating the EU only cover the remaining 27 EU Member States.
These registered rights no longer provide protection in the UK.
On 1 January 2021, under the terms of the Withdrawal Agreement, the Intellectual Property Office (IPO) has created 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 are treated as if they had been applied for and registered under UK law.
If you were the registered owner of an EUTM, RCD or International Registration designating the EU immediately prior to 11pm on 31 December 2020, you now have a comparable UK right.
The IPO has 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. They have also provided links to further guidance on the new rights.
UK registration numbers for the equivalent rights
The IPO has 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. The IPO recommends that you check your right.
Examples of new comparable UK trade mark numbers:
|Existing EU Trade Mark number||Comparable UK trade mark number|
|Existing International Registrations designating the EU||Comparable UK trade mark number|
The IPO has 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. The IPO recommends that you check your right.
Examples of new re-registered UK design numbers:
|Existing registered Community design number||Re-registered UK design number|
|International Registration Number (WIPO)||Design number (Design View)||Re-registered UK design number|
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. Use the following forms to inform IPO that you do not want your comparable right to be registered in the United Kingdom:
- 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 the transition end date 31 December 2020, the IPO will send you a letter explaining the steps needed to renew the new UK right.
- Trade marks business guidance
- Designs business guidance
- International trade mark and designs business guidance
First published 4 January 2021