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The protection provided by your European Community Trademark is in danger

Recent changes in European Community Trademark Law force owners to revisit their existing registrations and where required, take action to protect their rights.

The European Trademark Regulation and the European Trademark Directive have been changed. The change affects those European Community Trademarks (CTMs) which were filed before 22 June 2012 and registered before 23 March 2013 and use the “entire class headings” of the Nice Agreement valid at that time, to define the CTM’s protected goods and services.

The new rules will enter into force on 23 March 2016, when the “Office for Harmonization of the Internal Market (OHIM”) will change its name to “European Union Intellectual Property Office (EUPO)” and the “Community Trademarks” will change to “European Union Trademarks” Owners of potentially afflicted CTMs may file a declaration at OHIM before 24 September 2016 specifying the exact goods and services to be protected by their CTMs.

If no action is taken by 24 September 2016, the protective scope of these CTMs will be limited to those goods and services defined by the literal meaning of the class heading. Goods and services which are presently included in any Nice Agreement class, but not described by the class heading, will not be covered anymore.

To avoid any loss of protective scope, we strongly recommend that you now inspect the list of goods and services of your CTMs and suggest any changes that may appear necessary. We remain at your disposal should you have any questions or need assistance in this matter.

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