Many international businesses of all different nationalities own UK trade mark and design rights.
This is particularly relevant to Irish businesses who might have them without being cognisant of this fact- in order to have protection throughout the whole island of Ireland, for example. Irish businesses who held EU trade marks registered at the EUIPO as of 31 December 2020 automatically received a cloned national UK mark, at the time of Brexit.
If your business owns a UK registered trade mark or design, but does not have a UK address for service, it’s important to take action- as the UKIPO has made a significant recent change to its communication practices. You can read about it here.
What’s an 'address for service'?
Essentially, an 'address for service' is a postal address that belongs to your business, or your appointed legal representative, that is within the United Kingdom, Gibraltar or the Channel Islands.
Why does this matter?
If a cancellation action is filed against a UK registered mark or design, and you don’t have a UK address for service, a letter will be sent by postal signed-for service, giving the holder one month to appoint a UK address for service and to confirm its intention to oppose.
If the deadline isn’t met, the UKIPO may treat the application as not opposed, and you could lose your rights.
What do I need to do?
We highly recommend that all UK trade mark and design rights holders put in place a correct UK address for service.
Stobbs are an international brand advisory firm who can meet your needs in the UK and throughout the world. We offer the best of international experience alongside local knowledge.
If you’re not sure whether you have a suitable address for service, or need help, contact us and we’ll be happy to help you check what you need to do.