Steps to be taken in relation to trademarks and designs

Steps to be taken in relation to trademarks and designs since the advent of the UK/EU Trade and Cooperation Agreement

– Make a note of the new UK registration numbers along with the due renewal dates.

– File new UK trade mark and design applications in relation to any pending EU applications: any EU trade mark applications or EU design applications still pending on 1 January 2021 will NOT have been automatically cloned into comparable UK registrations. This includes any designs which may have been allowed by 1 January 2021 but under deferred publication. Provided the new applications for trade marks and designs are filed in the UK by 30 September 2021, the original filing dates of the EU pending rights can be maintained.

– Check whether any comparable UK rights fall due for renewal during 2021. Even if the EU registrations have already been renewed, the UK registrations will NOT be automatically renewed if they fall due in 2021

– Ensure that any licenses recorded against EUTMs are re-registered against the new UK registrations: any licenses recorded against an EUTM registration will NOT automatically be recorded on the UK trade mark register

– Consider whether to appoint a UK representative in relation to your new UK registrations. Whilst it is not compulsory to do so unless the registrations are subject of any proceedings (e.g. invalidation proceedings), there is an advantage to appointing a UK trade mark attorney as the address for service as this will ensure any official deadlines and renewals are entered into a records system to ensure that no rights are lost

The patent side of IP is largely unaffected by Brexit because the European Patent System exists outside the EU. In fact, nothing changes for patents and UK patent attorneys are still representing applicants at the EPO exactly as they did before Brexit. Brexit does mean that if the Unitary Patent and the Unified Patent Court eventually does come to life, the UK will no longer participate in that. However, this is not up and running yet (and there are doubts as to whether it ever will be) and so there’s no particular action that you need to take on that yet.

Rosemary Cardas of Keltie LLP: Rosemary.Cardas@keltie.com

Testimonials

For the past months TBC has been working continuously and assiduously in unravelling the tortuous thread of a discretionary trust for my son. There was a variety of hurdles dispensed from Banks and HMRC to be overcome, and TBC did so with their customary calm and good humour establishing a solid framework for the future amid this present time of uncertainty and confusion. The trustees are indebted to them.

Diane Webb

I would highly recommend the TBC team – reliable, knowledgeable, and conscientious professionals who give clear user-friendly advice – just what you need in a law firm.

Bob Breen

Bob Breen Associates Ltd

I sincerely thank our legal team for your dedication and assistance in handling our lawsuit against a foreign exchange company in the past few years.

Even more heartfelt thanks to Crl McMeel, lawyer Lynne and lawyer Kerem for your dedication and assistance in this case.

I express my highest thanks here!

I hope everyone will have the opportunity to cooperate again in the future!

Target Rich International Taiwan

TBC has generously provided me with expert legal advice over a five-year period. He responds with tenacity, reassurance and encouragement alleviating anxiety which flares during critical moments in the litigation process. Lynne is an ‘outside the box’ thinker and dares to venture where others fear to tread. He is an absolute treasure of a man with a sound intellect and a sense of humour.

Jude Kidd

We were recommended TBC during corporate dispute. We were immediately impressed at their quick grasp of the complex circumstances and is in-depth knowledge of the process. Delivering a strategy and giving unequivocal advice with expertise, experience and a personal touch; not least in their patience and thorough responses to all questions. We felt at ease during what turned out to be a lengthy court case, and we were delighted with the end result. TBC’s friendly and supportive attitude, combined with a readiness to take calls at all hours, helped built a strong relationship based on trust. With their network of specialised lawyers and barristers, be assured that they can achieve your objective. I would highly recommend Lynne Brooke and the team again and again.

Jordan and Graham Burnard

Blog

Steps to be taken in relation to trademarks and designs

Newsletters

Archives

Testimonials