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New EU trade mark regulation - Declaration deadline ends soon

Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation entered into force on 23 March 2016.

The Office is now called the European Union Intellectual Property Office (EUIPO) and the Community trade mark will be called the European Union trade mark.

The Amending Regulation was published on 24 December 2015 and is part of the EU trade mark reform legislative package that also includes the replacement of the existing EU Trade Mark Directive - Directive 2008/95/EC of the European Parliament and the Council.

Due to a number of recent rulings, the Regulation now requires that goods and services which one wants to protect, must be sufficiently clear and detailed for EU Trade Marks which have been filed before the 22nd of June 2012. Previously it was enough to just state the entire class heading.

If an EUTM (EU Trade Mark) was filed before June 22nd 2012 and includes an entire Class Heading, there is an opportunity to file a declaration under article 28(8) showing the goods/services which were intended to be covered and which are currently not covered when looking at the literal meaning of the class heading.

Declarations under Article 28(8)

Article 28(8) EUTMR, amended by Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation, allows for a transitional period of six months during which proprietors of EUTMs applied for before 22 June 2012 and registered in respect of the entire heading of a Nice class may declare that their intention on the date of filing had been to seek protection in respect of goods and services beyond those covered by the literal meaning of that heading.

In essence, this means that from the end of the transitional period of September 24th 2016, all trademarks containing class headings will be interpreted according to their literal meaning regardless of their filing date, unless the declaration under Article 28(8) has been filed in time.

More information can be founds under the following webpage:

https://euipo.europa.eu/ohimportal/en/eu-trade-mark-regulation

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