ARTICLE
8 September 2021

File It Or Lose It

FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Contributor

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
The deadline to take action and to file corresponding UK Applications will expire on 30 September 2021.
European Union Intellectual Property

Absolute deadline for filing corresponding UK Applications expires on 30 September 2021

If you are the owner of an EU Trade Mark Application or Registration that was pending on 1 January 2021, and if the UK is a territory of interest to you, then please sit up and take note. 

The deadline to take action and to file corresponding UK Applications will expire on 30 September 2021.  This deadline is absolute.  If you don't take action, your EU Mark will no longer have effect in the UK. 

It is important to remember that it doesn't matter that your EU Mark has proceeded through to registration since 1 January 2021 and before the September deadline, if it was pending on 1 January 2021, then action is required. 

Questions you need to ask yourself:

  1. Did I have any EU Trade Mark Applications pending as of 1 January 2021 - if yes, go to question two
  2. Do I want to obtain protection for these Marks in the UK - if yes, move to question three
  3. Is it currently before 30 September 2021 - if yes, TAKE ACTION NOW - the September deadline is absolute and cannot be extended.

If a corresponding UK Application is filed before the 30 September 2021 deadline, it will benefit from the initial filing date of the EU Trade Mark Application including any priorities claimed.

If a corresponding UK Application is not filed, you will lose the UK element  of your protection and the benefit of the EU filing date and priority date, if applicable.  This could be a significant loss to your business, so we would urge you to take immediate action.

With attorneys in both London and Dublin, Finnegan is ideally placed to assist you with both your EU and UK Trade Mark Applications. 

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More