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Do I have to identify the designer?
It is possible to waive the name of the designer when filing a European Community Design, but you should be sure that you have the rights to the design
BREXIT ATTORNEY UPDATE
Working closely with Attorneys from all over the world is second nature to us and while the UK maybe leaving the European Union, our approach to partnering and collaboration remains as strong as ever.
BREXIT SERVICES FOR EUROPEAN ATTORNEYS
UPDATE FOR EU ATTORNEYS: ALBRIGHT IP IS HERE TO SUPPORT YOUR UK APPLICATIONS
By virtue of a statutory instrument (SI) laid before the UK Parliament on 23 November, the UK IPO will not accept an address for service from the European Economic Area for any new trade mark, design and patent applications, or oppositions, as from 1 January 2021.
This means that from the start of 2021 a professional representative from the UK, Gibraltar or Channel Islands, must be appointed as the address for service in new proceedings before the UK IPO.
So, if you need support in filing UK trade marks, design and patent applications, or oppositions, get in touch with us now and we can ensure your client service continues seamlessly from the 1 January 2021.
For more detailed guidance on the changes to the current rules has been published and can be viewed here.
UPDATE FOR NON-EUROPEAN ATTORNEYS: ALBRIGHT IP IS READY TO SUPPORT YOUR CLIENTS
Due to the UK leaving the European Union on 31 December 2020, the UK is no longer included within European trade mark (EUTM) and design (RCD) applications or registrations. However, Patent filings are unaffected by the changes in practice.
GRANTED EU REGISTRATIONS – CREATION OF UK CLONES:
As of 1 January 2021, all granted EUTM and RCD registrations have been cloned, and a separate UK right has been created, mirroring the details of the ‘parent’ registrations.
For our Non-European Attorney partners, we will appoint ourselves as representatives at the UKIPO for your client’s cloned registrations and monitor renewal deadlines.
You can also appoint us to be your representative for cloned UK registrations that originate from EUTM registrations.
PENDING EU APPLICATIONS:
Trade mark and design applications which were pending before the EUIPO on 31 December 2020 will need to be re-filed in the UK before 30 September 2021, failing which protection will not be secured in the UK.
If you are already working with us, we can advise you of any pending cases on our records and seek your instructions in January 2021 with a preferential filing cost.
POST BREXIT FILING:
It will be necessary to file separate UK and EU trade mark and design applications going forwards.
To put our Non-European Attorney partners in the best position to protect their clients IP rights via a well-managed and cost-effective route, we have created discounted ‘Brexit bundle’ trade mark and design application costs, applicable when corresponding UK and EU filings are made at the same time.
Get in touch for more details of our ‘Brexit bundles’ or to find out about working with us.
One of the unfortunate outcomes of Brexit for UK attorneys is that we can no longer directly fully represent clients at the EUIPO. However, we have partnered with several superb European firms.
These partner firms will take over as representative for our European cases and will act on our instructions. Similarly, we will act for them in the UK in obtaining equivalent UK protection for their clients.
For our existing Non-European Attorneys, we will continue to be the first point of contact in all matters before the UKIPO and EUIPO, and continue to deliver the same experienced and tailored service that Albright IP is known for. We remain at your service and look forward to continuing our working relationship in 2021 and beyond.
To any new Non-European Attorneys, we welcome the opportunity to work with you and to support you to manage your British and European trademark and design cases.
If you would like further information, please contact us on +44 (0) 1242 691 801 to speak to a qualified British and European patent attorney or fill in the form below.