We are pleased to report that, six years after the Brexit vote, the measures for trademarks and designs have been successful in ensuring a smooth transition. However, in light of the massive increase in applications at the UK IPO, IP owners must now pay attention to impending changes to rights of representation.
Based on EUTMs and RCDs registered then, the UK IPO performed a fantastic job of seamlessly generating more than 2 million similar UK trademarks and re-registration design rights on December 31, 2020.
The nine-month period for submitting UK trademark applications based on EUTM applications that were still pending on December 31, 2020, ended on September 30, 2021.
The UK IPO has noticed a surge in new national applications in recent years, partially due to Brexit, and has been taking action to clear the backlog that has resulted.
Post-Brexit
The UK IPO received 196,639 trade mark applications in 2021, a startling 43.5% rise over 2020 and nearly three times as many as were received in 2016. This is according to its recently released annual facts and numbers.
At 72,157 in 2021, the number of design applications has grown by more than 1000% from 2015. The UK joined the Hague Agreement in 2018, and 9,353 overseas applications were submitted.
Thankfully, after flatlining in 2020, the UK IPO boosted the number of registrations of trademarks and designs in 2021. In actuality, the UK IPO said in May 2022 that all registered IP rights had been examined for the first time in many years.
There were 32,185 pending trademark applications as of March 2021, and the inspection took 35 days. Applications are now processed within the desired 10-day time frame.
In 2021, filings at other IP offices increased, but not quite to the same extent as in the UK. 197,948 EUTM applications were submitted to the EUIPO, an increase of about 12%. A 12% rise in filings from 2,370 in 2020 to 2,656 in 2021 was also recorded by the IP Office of Ireland.
Rights of representation
It is now even more crucial to take the appropriate steps to secure the protection of your rights, including timely renewal, in light of the most recent developments. The UK equivalent trademark rights are already approaching their renewal date, which is the same as the related EUTM.
For three years following the creation of comparable trademarks and re-registered designs, the UK address for service is not necessary under the terms of the UK-EU Withdrawal Agreement. On January 1, 2024, this will alter as all holders of UK rights will then be required to have a UK (or Gibraltar or Channel Islands) address to initiate new legal actions. The UK IPO will send these national representatives official notices, such as reminders for renewal.