No. Any EUTM or RCD (including an International Trade Mark or Design Registration protected in the EU), that was registered or protected before or on 31 December 2020 (“exit day”), has been automatically cloned to create a comparable national UK right, with the same filing date and, if appropriate, priority/seniority dates as the EU registration/designation. This was done at no cost to the EUTM/RCD owner.
A comparable UK right derived from an EUTM or EU designation of an International Registration (IR) has the same renewal date as the EUTM/IR, except where the EU was the subject of a subsequent designation of an IR, in which case the UK renewal date is calculated on the basis of the date of the subsequent designation.
A comparable UK right derived from an RCD or an International Design Registration always has the same renewal date as the RCD/International Design Registration.
Dehns is, of course, able to handle any new UK rights arising out of this cloning process, through our UK offices.
In certain circumstances, holders of EUTMs and RCDs may opt-out of the protection afforded by a UK comparable right, by filing the appropriate form with the UK IPO. However, this is not possible if:
- the comparable UK right is subject to an assignment, licence, security interest or other agreement; or
- there are pending proceedings based on the comparable UK right.
In addition, in the case of trade marks, opting-out is not possible where the comparable UK right has been put to use in the UK.
Existing registered EUTMs or RCDs continue to be valid in the remaining 27 EU countries (“the EU27”).