International Registration holders of UK designations MUST appoint a UK address for service
Sarah Mc Crann-Gray
Following the recent decision of the Appointed Person (AP) in Tradeix Ltd v New Holland Ventures Pty Ltd BL (O/681/22) (the ‘Marco Polo’ case), the UK Intellectual Property Office (UKIPO) has announced changes to its address for service rules in relation to UK designations of International Registrations (IRs) for trade marks and registered designs.
With immediate effect (according to Tribunal Practice Notice 2/2023), IR holders of UK designations must appoint a valid UK address for service. Without a UK address for service, the UK designations risk being deemed abandoned, invalid or revoked in registry proceedings by default.
This is because holders of IRs that designate the UK will have just one month to reply to any official correspondence sent by the UKIPO. This is a relatively short period of time for the international postage service and relies on it functioning reliably. Therefore, a UK address for service should be added to all IR (UK) records as a matter of urgency.
With almost 150,000 IR (UK) records without a UK address for service (including 26,000+ owned by US-based holders, 22,000+ from Germany and 10,000+ each from China, France and Switzerland), we are here to help.