As widely discussed, 30 September 2021 was the deadline for refiling Registered Community Design (RCD) applications (whether direct or via the Hague system) which were pending at 31 December 2020.
If for some reason, this deadline was missed, then there may still be a route to Registered Design protection in the UK.
UK Design Law, just like Community Design law, includes a “grace period” for disclosures by the designer or successor in title. This means that any disclosure by the designer should not invalidate a UK design application within 12 months of that disclosure. Therefore, if the deadline for refiling a pending RCD application was missed, check to find out when the first disclosure was made as a UK filing might still be valid.
To learn more about what Brexit means for trade marks, designs and patents, feel free to view our detailed Q&A, visit our Brexit spotlight page or view our Brexit blogs.
If you need more advice or have questions that these materials don't answer, please get in touch with your usual Mewburn contact or email mail@mewburn.com.
