Re-registering EU designs in the UK: Three scenarios to double check before the 30 September re-filing deadline

If your design right was registered (and this means not just filed, but granted, with the registration certificate issued) before 31 December 2020, a UK right will have been created automatically for you.

If your design right was filed before 31 December 2020, but registered on or after 1 January 2021, then the UK right will not be granted automatically: you will need to re-file a UK right if you want UK protection, which you can do up to 30 September 2021.

Beware that the critical date is the date on which the design became registered – not its filing date. Confusingly, this is also not the ‘Registration date’ as noted on the EUIPO design register. This Registration date is the date from which the design has legal effect – it will be the same as the filing date, and it is not the date on which the design became registered. If you work only from the filing date or the registration dated as noted on the register you may miss some UK rights!

EU designs tend to proceed to registration quickly, meaning that relatively few will have been filed but not yet registered on 31 December 2020. But you should check for the following situations that are most likley to put EU designs in the 'danger' zone:

Designs filed very close to 31 December 2020 – these may not have made it to registration in time.
Designs filed in late 2020 where an Examination Report was issued – this may have delayed registration into 2021.
Designs that were still under deferred publication on 31 December 2020 - these did not count as registered for Brexit purposes and the UK right will not have been created.

If in doubt, check the EUIPO register for your design and have a look at the timeline graphic. It will show the date when your design was 'Registered and fully published' - see the example below. If this is on or after 1 January 2021, as in this example, then a UK right was not automatically created and you will need to re-file a UK design right by 30 September if you want UK protection.

Picture1 - EUIPO.jpg

If you need help re-filing your EU design in the UK, or have any questions about Brexit or designs, get in touch!

Emily Weal

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