Address for service for intellectual property rights
Overview of the rules governing address for service for intellectual property rights in the UK.
Last updated 4 September 2023
An address for service is an address at which you can receive correspondence from the Intellectual Property Office (IPO) or third parties regarding your application or registered right. This address will also be used to send documents related to intellectual property proceedings.
It can be any address with which you or your business is associated. For example, it can be your home or business address. If you appoint a representative, their address will then be used as the address for service for all correspondence. Whilst it is possible to provide a virtual office or a PO Box address, it still must be a valid address where notices or letters can be delivered and read by the intended recipient.
An address for service must be an address in the UK, Gibraltar or the Channel Islands. The IPO also accept the Isle of Man as a valid address for service.
When you need a UK, Gibraltar or Channel Islands address for service
If you file an application for a patent, a trade mark or a design at the IPO, you must have an address for service in the UK, Gibraltar or the Channel Islands. If you do not provide a valid address for service, this could lead to your application being treated as withdrawn.
What if your address for service on an existing right is an EEA address?
If the address for service recorded against your existing granted patent is an EEA address, you are not required to provide a UK, Gibraltar or Channel Islands address if you wish to renew your patent or change your address as the rights holder. All other actions relating to your granted patent will require an address for service in the UK, Gibraltar or the Channel Islands.
If the address for service recorded against your existing registered trade mark or design is an EEA address, you are not required to provide a UK, Gibraltar or Channel Islands address for service for any of the following actions:
- renewal of your registration
- surrender of your registration
- recordal of any licence agreement details you have made with a third party
- changing your address as the right holder
The IPO will ask you to provide a UK, Gibraltar or Channel Islands address only if your registered trade mark or design is involved in any invalidation, rectification, or revocation proceedings. If you fail to do so, then the proceedings against you could succeed (without your involvement) and you could lose your right. If your right is a comparable trade mark or re-registered design however, please refer to specific guidance below explaining the circumstances where a UK, Gibraltar or Channel Islands address is required.
For proceedings such as opposition, invalidation, or revocation which started before 1 January 2021, the following scenarios apply:
- if you have an EEA address for service, this can be kept if you wish
- if you need to change your EEA address during any ongoing proceedings, you may change it to another EEA address or an address in the UK, Gibraltar, or the Channel Islands
- if you need to change your UK address during any ongoing proceedings, you will need to provide a replacement address in the UK, Gibraltar, or the Channel Islands
What if your address for service on a European Patent is an EEA address?
Granted European Patents which designate the UK are transferred onto the UK Register automatically. No validation is required. They are transferred with the applicant鈥檚 details in the address for service field, as the IPO must have authorisation before it can recognise any representative. A form 51 () must be filed in this instance.
If you wish to appoint a representative, they need to have an address in the UK, Gibraltar or the Channel Islands. There may be occasions where you already have a UK address for service for your European Patent, for example, the address of a UK representative who acted for you at the European Patent Office. The IPO still need authorisation for that representative so that they can be sure they are acting for you in the UK and update their systems accordingly.
What is changing from 1 January 2024 for comparable trade marks and re-registered designs?
If you wish to change the address for service recorded against a comparable trade mark or re-registered design (provided the right was not derived from an international registration) on or after 1 January 2024, the IPO will require a new address in the UK, Gibraltar or the Channel Islands.
The IPO will also require a UK, Gibraltar or Channel Islands address for service for all comparable trade marks or re-registered designs involved in any invalidation, rectification, or revocation proceedings launched on or after 1 January 2024, provided the right was not derived from an international registration (which already requires a UK, Gibraltar, or Channel Islands address in these circumstances).
For proceedings started on or before 31 December 2023, there is no obligation to provide a UK, Gibraltar or Channel Islands address for service on existing registered comparable rights not derived from an international registration. However, you can change an EEA address for service to a UK, Gibraltar or Channel Islands address if you so wish.
Comparable trade marks and re-registered designs which derive from international registrations that designate the EU
If you choose to change your existing address for service recorded against a comparable mark or re-registered design derived from an international registration, the new address will need to be in the UK, Gibraltar or the Channel Islands.
If you own a comparable trade mark or re-registered design derived from an international registration, the IPO will ask you to provide a UK, Gibraltar or Channel Islands address if your registered right is involved in any invalidation, rectification, or revocation proceedings. If you fail to do so, then the proceedings against you could succeed (without your involvement) and you could lose your right.
Further guidance on UK and EU transition is available on EU trade mark protection and comparable UK trade marks and here changes to EU and international designs and trade mark protection.
First published 23 November 2020