Address for Service in the UK from 1st January 2021
As you will be aware, the transition period for the United Kingdom leaving the European Union ends on 31st December 2020. The UK Intellectual Property Office has recently announced that an address for service in the UK will be required for any new application for a patent, trade mark or a registered design filed at the UK Intellectual Property Office from 1st January 2021. This includes addresses for service for European patent validations in the UK and a UK address for service will be required if you wished to challenge or defend trade marks, patents or designs in proceedings before the UK Intellectual Property Office.
With regard to any applications filed prior to 1st January 2021, it is not required that you subsequently provide a UK address for service. However, if a proceeding is initiated against your right after 1st January 2021, you will be required to provide a UK address for service. Such proceedings may include oppositions, invalidations and/or revocations.
In addition, a grace period of three years has been set to appoint a UK address for service for new comparable UK trade marks and registered designs created from existing EU rights. However, this three-year period does not cover comparable trade marks created from international trade marks. It also does not apply to re-registered designs created from international designs designating the EU.
Bailey Walsh & Co LLP is well-positioned to provide our services as an UK address for service for any comparable UK trade marks or designs that will be granted corresponding to EU registrations and any existing UK Registered Rights, as well as being able to register new EU trade mark and registered design protection directly with the EUIPO through our sister Company, Bailey Walsh Europe Ltd.
If you have any questions or would like further information regarding any of the above, please do not hesitate to contact one of our advisers, David Corbyn or Phil Stephenson, either by email at email@example.com or by telephone on +44 (0)113 243 3824.