Forthcoming EU Trademark Law Reform
The amended regulations regarding Trademark Law decided upon by the EU will enter into force as of 23 March 2016. The most important aspects for applicants:
- One of the more interesting changes for applicants and owners is the adjusted fee structure. The application fees now cover only one class in the list of goods and services instead of three. Additional fees are charged from the second class. The renewal fees have been lowered, but follow the same structure.
- Proprietors of EU trademarks applied for before 22 June 2012 which are registered in respect of the entire heading of a Nice class may clarify that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class, provided that the goods or services so designated are included in the alphabetical list for that class in the edition of the Nice Classification in force at the date of filing. The declaration shall be filed at the Office by 24 September 2016. If, for example, “musical instruments” was entered from Class 15, “music stands” can now be entered additionally although they are not musical instruments in the literal sense.
Changes of name have also been made without changing any content:
- The Community Trademark will now be called the European Union Trademark.
- The "Office" (OHIM) has been renamed and will no longer be called "Office for the Harmonization in the Internal Market (trademarks and designs)", but "European Union Intellectual Property Office" (EUIPO).
- The Trademark Directive will now be called the EU Trademark Regulation.
Additional regulations include details to the procedure, protection requirements, due dates for renewal fees and clarifications or codifications of case-law and practice.
Please feel free to contact us if you have questions regarding the reform and the resulting changes.
Further information on the topic are available online.
We will soon inform our clients about relevant changes.