October 26, 2021

Volume XI, Number 299

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October 25, 2021

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File It or Lose It

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.

© 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XI, Number 250
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About this Author

Partner

Judy McCullagh is an Irish registered Trade Mark Attorney (RTMA) and a U.K. registered Trade Mark Attorney (MITMA). She is a partner in Finnegan’s London office.

+353 1 566 5251
Clare Cornell intellectual Property Attorney Finnegan, Henderson, Farabow, Garrett, & Dunne Law Firm, London, UK
Partner

Clare Cornell leads Finnegan’s London trade mark group and has 20 years’ experience in the IP industry. Her practice focusses on all aspects of trade mark portfolio management. Clare also specialises in trade mark enforcement and seeking settlement of complex IP disputes.

Clare is a both a Chartered and European trade mark and patent attorney having qualified to practice in the UK and in Europe in both disciplines. Skilled in coordinating national and international trade mark filing strategies, Clare serves an international client base,...

+ 44 (0)20 7864 2815
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