The UK Intellectual Property Office (IPO) has recently updated its guidance relating to Address for Service (AFS) in the UK.
The guidance confirms the previously-announced end of the three-year Brexit transitional terms. Thus, from 1 January 2024, the position will change regarding the rights of EU representatives before the UKIPO. From that day forward, EU representatives will no longer be able to file or defend any new opposition, invalidation, rectification or revocation proceedings against trade marks or designs, even when the action is against, or based on, a Brexit-created "comparable right". Instead, every new action (including new filings) must have a UK (or Gibraltar or the Channel Islands) AFS. Currently ongoing matters, however, can continue to their conclusion; and some administrative matters can be performed still, including a change of address recordal, or a surrender.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
