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European IP Blog

File It or Lose It

September 7, 2021

Authored and Edited by Judy McCullagh; Clare A. Cornell

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.  Please feel free to contact us.

Tags

European Union (EU), European Union Trade Mark (EUTM)

Related Practices

Trademark and Brand Management

Trademark Counseling and Prosecution

Related Offices

London

Contacts

Clare A. Cornell
Partner
London
+44 (0)20 7864 2815
Email

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