On 23 March, 2016, the reform of community legislation on trademarks that was published in the Official Journal of the European Union last December will take effect. Most of the changes will have an immediate impact starting on March 23rd, whereas some other changes will have an impact in the medium term, since the law and practice of the twenty-eight European Member States shall be harmonized in line with those legislative changes that affect the newly named European Union trademarks (formerly CTM).

One of the changes of immediate impact is the introduction of a transitional period in connection with some European Union trademarks registered by application of Article 28(8) EUTMR. During this period proprietors of EU trademarks (including international marks designating the European Union) applied for before 22 June 2012 and registered for the entire heading of a Nice class may declare that their intention on the filing date had been to seek protection for goods and services beyond those covered by the literal meaning of that heading.

The deadline for submitting this declaration with the European Union Intellectual Property Office (EUIPO, former OHIM) is 24 September 2016. This submission is not subject to the payment of any official fees, but shall be examined by the EUIPO. Please contact us if you need more information concerning this declaration.

We will keep posting information about other changes regarding the incoming new EU trademarks system.


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