05.07.2021
Since Brexit, EU registered design protection no longer covers the UK. As a result, many design owners and IP practitioners have found themselves filing UK designs for the first time. Are you up to speed on UK practice? Here's a quick-glance guide to the key differences between the EU and UK design systems...
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The UK system was harmonised with the EU system before Brexit, and it has not been significantly changed by new regulations. This means many key features are the same in the UK and the EU: validity and infringement is assessed in the same way and the requirements for the representations of the design are the same. Just as in the EU, the UK allows multiple designs to be bundled together in a single application, and the examination process looks at formalities only, so registration is usually quick.
But there are a few small differences in the process:
Knowing these key differences can help you prepare yourself, or your client, as you embark on UK design filings for the first time. And of course, if you need help filing UK registered designs, get in touch with our designs team, who will be happy to help!
01.02.2023
UKIPO Requires UK Address for Service for International TMs and DesignsFollowing the recent decision of the Appointed Person (AP) in Tradeix Ltd v New Holland Ventures Pty Ltd BL (O/681/22) (Marco Polo Case), the UKIPO will now require a local address in the UK (or in Gibraltar or the Channel Islands) before any formal serving of documents in contentious proceedings relating to UK designations of International trade mark or design registrations. Failure to provide a UK address for service may result in a challenged registration being cancelled or an opposed trade mark being treated as withdrawn.
12.09.2022
The long-term impact of Brexit on trade marks and designsSix years on from the Brexit referendum, we can happily say that the measures put in place for trade marks and designs have been successful in delivering a smooth transition. But IP owners now need to pay attention to upcoming changes to rights of representation, particularly in light of the huge growth in applications at the UK IPO.
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