Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation has been published in the Official Journal of the European Union. The Amending Regulation will enter into force on 23 March 2016. From that day, OHIM will be called the European Union Intellectual Property Office (EUIPO) and the Community trade mark will be called the European Union trade mark (EUTMs). The Amending Regulation was published on 24 December 2015 and is part of the EU trade mark reform legislative package.
Тhe European Union Intellectual Property Office (formerly known as OHIM) will provide a period in which owners of certain EUTMs can amend their identifications of goods and services to ensure the registration covers specific items that fall within but are not specifically listed in the Nice Class Headings. Where a former CTM application was filed before June 22, 2012 and specifying one or more class headings, owners will have until September 23, 2016 to submit a declaration amending the registration to specifically list goods and services that should be covered by their registrations. After September 23, 2016, unamended registrations covering class headings will be interpreted to cover only the goods and services literally listed, in accordance with case law.
The fees payable to the Office will also change under the amending Regulation. There will be а new one-fee-per-class system for trade mark application. An overall decrease in trade mark application and renewal fees shall come into force.
Some of the other changes that have been adopted are the introduction of a certification mark of the European Union.
If you are interested in further information regarding the amendments pursuant to the Regulation please contact our IP specialists who will be pleased to advise you on the matter.
The newsletter above is intended for information purposes only. It should not be construed as (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult BWSP Ilieva, Voutcheva & Co. Law Firm IP lawyers.