From the end of the transition period on 31 December 2020, EU Trade Marks (“EUTMs”), International Trade Mark Registrations designating the EU (“IR(EU)s”), registered Community Designs (“RCDs”) and International Design Registrations designating the EU (“IR(RCD)s”) will cease to have effect in the UK. However, on 1 January 2021, the UKIPO will create a re-registered UK comparable trade mark and UK design for every registered EUTM and RCD (including IR(EU)s and IR(RCD)s ) at the end of the transition period.

In order to do this, the UKIPO will need to update its IT system. This will result in disruption to some UKIPO services from 11pm on 31 December 2020 to 1pm on 4 January 2021 (the “Disruption Period”). During the Disruption Period it will not be possible to: a) file new applications online – new applications during this period should be made using the paper forms; or b) file a notice of threatened opposition at all – any such notice with a deadline falling during the Disruption Period should be filed before 31 December. The UKIPO also recommends filing responses to examination reports via email as well as via the online system during the Disruption Period. It will still be possible to file oppositions and other office actions in the usual way (i.e. using the paper forms). In addition the UKIPO mailbox will not be monitored and direct line numbers are unlikely to be answered during the Disruption Period.

For further information on the service disruption, please see: https://www.gov.uk/government/news/planned-system-maintenance-11pm-31-december-2020-to-1pm-4-january-2021 or contact us directly.

For more information on the impact of Brexit on trade marks and designs and what you need to consider, please see our earlier blog here.