Update – The New European Trade Mark

Further to our legal update on 5 February 2016, Regulation No. 2015/2424 amending the EU’s trade mark system came into force on 23 March 2016.

Classification of Goods and Services for Trade Marks filed before 22 June 2012

The regulation provides for a transitional 6 month period commencing 23 March 2016 and ending 23 September 2016 to allow the owners of existing European Union Trade Marks (formerly Community Trade Marks) which are registered for a class heading and filed before 22 June 2012 to declare that their intention at the time of filing had been to seek registration in respect of goods/services beyond those covered by the actual meaning of the class heading.

If the declaration is not filed by 23 September 2016, the trade mark will be deemed to extend only to the literal meaning of the class heading.

What to do next?

To ensure adequate protection for your trade marks in the European Union, we suggest that you conduct an audit of your current trade mark portfolio and that you do so well before the deadline of 23 September 2016 to allow sufficient time to implement changes to your European Union Trade Marks if required. We also suggest that watches are put in place to avoid confusingly similar marks being registered.

Please contact us if we can assist you with your trade mark portfolio in the European Union.