Failure to do so will severely restrict the protections available to them because, from that date, only their UK representative can file the following on behalf of a non-UK owner at UKIPO:
- New applications to register a design
- Invalidity proceedings against a third party’s design registration
- A defence to any invalidity proceedings brought against the non-UK located owner
Also, if a third party brings proceedings against a non-UK owner after 1 January 2024 but no UK representative has been appointed, the UKIPO will contact the owner and set a deadline for appointing one. The UK representative can then file a defence to the proceedings. Failure to respond by the deadline will mean the registration is treated as abandoned, and the ability to file a defence is lost.
As notifications are often sent by post to the owner’s address as registered at the UKIPO, and can therefore fail to come to the attention of the owner, non-UK owners should ensure they appoint a UK representative at the earliest opportunity.
Operative date
- 1 January 2024
Recommendation
- Non-UK located owners of designs registered at the UKIPO should appoint a UK representative as soon as they can.
This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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