25 Nov UK Address for Service requirement from 1 January 2021
Following its consultation, the UKIPO announced on 23 November 2020 that from the end of the Brexit Transition Period, brand owners wishing to file a trade mark, design or patent application or any new contentious proceedings at the UKIPO will no longer be able to do so, either themselves or using the services of legal representatives, by providing an address for service in the EEA.
Draft legislation is currently passing through Parliament and is likely to be approved shortly. The new legislation removes “EEA” from the UKIPO’s Address for Service Rules and replaces it with “Gibraltar”. This will mean that, from 1 January 2021, brand owners must provide to the UKIPO an address for service in the UK, Gibraltar or the Channel Islands when filing new a trademark, design or patent application as well as when starting new contentious proceedings (e.g. opposition proceedings). The UKIPO will no longer accept addresses in the EEA.
This is particularly welcomed news for UK qualified practitioners who from 1 January 2021 can no longer directly represent their clients at the EUIPO in respect to new applications and other proceedings.
Elys IP has extensive experience in trade mark and design matters before the UK IPO and EU IPO, and post-Brexit we will fortunately continue to represent our clients through our London office and our associated office in Madrid.
