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UKIPO announces numbering system on Brexit for new UK marks comparable to protected EU designations of International trade mark registrations

It remains possible that the UK will leave the EU with no withdrawal agreement in place on 29 March 2019 or, if the EU agrees to the request for a short extension due to be submitted by the UK, on some later date between now and the end of June 2019.

In either event the UK will automatically grant a comparable registered UK right on exit in respect of (1) each registered EUTM, (2) each protected EU designation of an international trade mark registration, (3) each registered and published Community design, and (4) each registered international design designating the EU.

The UKIPO has now published details of the numbering system to be adopted for all of these new rights. It had previously informed us that the new UK trade marks comparable to EUTMs would be numbered UK009, followed by the last eight digits of the corresponding EUTM registration. The UKIPO has also now published details of the numbering system for the new UK registrations to be granted in respect of protected EU designations of international trade mark registrations - UK008, followed by the last eight digits of the corresponding international registration.

The announcement by the UKIPO this week also includes details of the numbering system for the new UK design registrations which will be granted on exit from the EU if there is no withdrawal agreement in place.

We have spoken recently with the UKIPO, and it has informed us that all of the new registered UK rights will appear on the UK register immediately on exit. No small feat!

International Trade Marks (EU) To identify UK rights created in respect of International Registrations, the number allocated to the comparable trade mark will be the last 8 characters of the International Trade Mark (EU) prefixed with ‘UK008’. The following examples demonstrate how comparable UK trade marks will be numbered: WIPO EUIPO Comparable UK trade mark 917273 (no sub designation, no partial assignment) W00917273 UK00800917273 917273A (no sub designation, partial assignment) W00917273A UK0080917273A 1133775 (Sub designation, no partial assignment) W11133775 UK00811133775 421058A (Sub Designation & partial assignment) W10421058A UK0080421058A