UKIPO Updates Address for Service Guidance : What You Need to Know
19 October 2023, Claire Freeman
The UK Intellectual Property Office (UKIPO) has recently updated its guidance on address for service rules for comparable (cloned) trade marks and designs. These comparable rights were created to ensure that registered EU trade marks and designs continued to be protected in the UK post-Brexit.
What’s new?
From 1st January 2024, any requests to change the address for service on comparable trade marks and designs will need to provide an address in the UK, Gibraltar, or Channel Islands.
The UKIPO will also require an address for service in the UK, Gibraltar, or Channel Islands on any invalidation, rectification, or revocation initiated against these comparable rights on or after 1st January 2024.
Background
Whilst an address for service in the EEA was accepted by the UKIPO prior to Brexit, following the UK’s departure from the EU on 1st January 2021 the UK IPO has required an address for service in the UK, Gibraltar or Channel Islands when new applications for patents, trade marks or designs are filed or when an existing non-cloned right is challenged by a third party.
Following the end of the three year transitional period set out in the Brexit Withdrawal Agreement between the EU and the UK, an address for address in the UK, Gibraltar or Channel Islands will now be required by the UKIPO in many more circumstances.
Final remarks
These changes are significant for those who hold comparable trademarks and re-registered designs. It is important to ensure that you are prepared for these changes and understand any implications that they may have to your intellectual property rights. If you have any questions or concerns about these changes, feel free to contact us for further information or advice
