HomeInsightsUK IPO address for service rules are changing

Currently, any address within the European Economic Area (EEA) can be used as an address for services for proceedings before the UKIPO.  However, from 1 January 2021 (subject to parliamentary approval) only a UK, Channel Islands or Gibraltar address for service will be accepted in respect of new proceedings before the UKIPO.  This will apply to all new trade mark, design, and patent applications and any new actions (including oppositions, revocations, and invalidity actions) filed after the expiry of the transition period (currently, 31 December 2020).

The changes will not apply to the renewal of existing registered or granted rights, or to applications or proceedings pending at the expiry of the transition period (if an EEA address has already been provided).

Further, holders of new UK comparable rights (deriving from existing EU registered trade marks and designs, which will come into being on 1 January 2021) will not be required to have an address for service in the United Kingdom in the 3 years following the end of the transition period, even if proceedings are initiated against them.