As a UK-based Chartered Trade Mark Attorney firm, Tennant IP offers specialised services tailored to overseas trade mark attorneys and their clients. With the evolving landscape post-Brexit, ensuring your clients' UK trade mark rights are secure and compliant has never been more crucial. Here’s why partnering with Tennant IP is essential:

Cloned UK trade mark registrations were created following the UK's withdrawal from the EU. These clones mirror all aspects of the European Union trade mark (EUTM) registrations as of 1 January 2021. This includes the mark itself, the classes of goods and services, and the recorded representative’s address for service.

Since 1 January 2021, a UK, Channel Islands, or Gibraltar address for service is mandatory for all new UK trade mark applications and proceedings. While non-UK representatives can still act before the UKIPO, engaging a UK-based representative like Tennant IP ensures compliance and leverages local expertise.

Engaging a UK representative allows trade mark owners to consolidate their UK trade mark rights under one expert management. This holistic approach can reduce portfolio management costs and streamline processes.

Post-Brexit, specific rules around the renewal of UK trade mark rights can pose risks of inadvertent loss. Non-UK representatives may not be fully aware of these nuances. Tennant IP ensures that all UK rights, especially cloned registrations, are managed correctly to avoid lapses.

Many trade mark owners may unknowingly let their UK clone registrations lapse, especially if the UK market is not a priority. This is compounded by a lack of awareness about the separate management requirements for the EUTM and UK clone.

Data from the UKIPO indicates a significant rise in requests for restoration of lapsed registrations post-Brexit. This trend underscores the importance of understanding and managing the renewal process for UK cloned registrations.

Under section 43(5) and (6) of the 1994 Trade Marks Act, renewals must be filed before the expiration date. If lapsed, renewals can occur within a six-month grace period, or restoration can be requested within another six months if the lapse was unintentional.

Restoration is granted based on unintentional failure to renew, often requiring a detailed explanation and a restoration fee. The UKIPO assesses each case to determine eligibility.