If there are cloned rights for which you would like us to record ourselves as representative on the UK register then we do not propose to charge for doing so unless there is a very large number of trade marks or designs involved. Please share with us the details of the corresponding granted rights at the EUIPO and we can advise further. If there is a licence or security interest recorded against the EUTM then a separate recordal request is required at the UKIPO for the cloned right and we can confirm the costs according to the specific requirements.
Any EUTM or RCD applications still pending (i.e. not granted) on 1 January 2021 will not be cloned. In order to maintain the rights in a pending application it will be possible to re-file the EUTM or RCD application in the UK by the due date of 30 September 2021. This date cannot be extended. Any re-filed application will retain the filing date and any priority date of the EUTM and RCD application. It is difficult to provide general-level advice as to how to deal with EUTM and RCD applications that are still pending at the end of this year, since whether any action is necessary will depend on whether the client requires UK coverage for the particular trade mark or design in question – if yes, then it will be necessary to re-file in the UK within the 9 month period and if not, no action in respect of the UK will be required.