Be aware of EU trade mark changes
Following major changes to the European Union trade mark system at the end of March, some brand owners may find their level of protection reduced.
Previously it was allowed and the general practise that a mark would be registered and attached to a class of goods or services in relation to the class heading. Each class had a summary as to what was included that may differ from the identification label of each mark. For example, Class 12 which was in relation to vehicles also included vehicle parts,
However, following the reforms in March, this is no longer the case.
Class headings will no longer be interpreted in this way, and a list will need to be submitted by trade mark owners of what their mark should cover.
Trade mark owners now have six months to submit this list, otherwise their mark will only be protected in relation to the class label, not the wider areas that were previously included.
It is important that this is done within the six months, otherwise to gain the right protection each mark requires, they will have to be re-filed.
The six-month window will end on the 23rd September 2016, therefore you need to take action if this change has affected you.
For more information and guidance, contact The Trademarkroom today!
By Ellis Sweetenham