Last call for Address for Service in the UK!

What’s the Situation Now?

When the United Kingdom left the European Union on 31 December 2020, EU trade marks and designs were “cloned” on to the United Kingdom Intellectual Property Office (UKIPO) as national UK rights, known as “comparable” marks and “re-registered” designs. For continuity, the EU representatives’ details were also cloned on to the UK register. The UKIPO forwards correspondence to EU representatives of these “cloned” rights, a situation which will continue to 31 December 2023.

What’s New?

On 1 January 2024, the UKIPO will require a UK address for service (being an address in the UK, Gibraltar or the Channel Islands) for comparable trade marks and re-registered designs. Where any new contentious proceedings are filed against these rights, a UK address for service will be required. This brings the rules for “comparable” rights in line with other trade mark and design rights in the UK.

Why Change?

Whilst it is not obligatory for owners of “comparable” rights affected by this change immediately to switch to a UK address for service, we strongly recommend that they do so. By proactively recording a UK address for service against their rights, owners will reduce the risk of their rights being affected by and possibly lost through delays. If there is no UK address for service against a “comparable” right, the UKIPO will give only a short deadline for one to be filed. Having a UK address for service now, helps ensure that any communication from the UKIPO which affects their rights, such as a cancellation proceeding, are received and acted upon promptly.

Edwin Coe does not charge for taking on representation and recording itself as UK address for service. We would be pleased to assist you or your clients.

If you need guidance or if you have any inquiries regarding the topics addressed in this blog, please contact Claire Lehr, Nick Phillips or any member of our Intellectual Property team.

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

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