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Home > News > EU Trade Mark changes incoming: 1st October 2017

EU Trade Mark changes incoming: 1st October 2017

29 August 2017 |

There are a number of changes coming to the EU trade mark regime next month. An excellent summary is available from the EUIPO here, and our expert Chris Haywood talks through some of the impacts that could affect your business.

What’s changing?

There will no longer be a requirement to submit a graphical representation of your mark. The EUIPO want to use a ‘what you see is what you get system’ of registering a mark as long as it can be technologically represented. It will be much easier to register sound, multimedia, and moving trade marks.

A new kind of trade mark, the certification mark, will be introduced. These marks will be used to indicate goods and services that comply with a certain standard. They will likely be owned by regulatory bodies of one sort or another.

There will also be some procedural changes. The more important ones to note are that applicants will be able to invoke acquired distinction when they apply, to pre-empt any complaints relating to distinctiveness from the examiner. Additionally, priority claims (claiming rights starting from the filing date of an earlier mark) will be filed together with EU trade mark applications, not afterwards. Supporting evidence has to be filed three months following the application date. Priority claims will no longer be examined by the office and will therefore be confirmed in proceedings.

If you are unsure of how these changes might affect your business or portfolio, please get in touch with our expert Chris Haywood, who can help.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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