On March 23, 2016 with the Regulation (EU) 2015/2424 of the European Parliament and of the Council, the new European trademark system will enter into force along with the new Directive (EU) 2015/2436 to approximate the laws of the Member States relating to trade marks.

Key changes to be aware of include:

  • The Community Trademark (CTM) will become known as the European Union Trademark (EUTM) and The Office of Harmonization in the Internal Market (OHIM) will be renamed as European Union Intellectual Property Office (EUIPO) though the EUIPO will keep not be granting patents.
  • According to the leading case "IP TRANSLATOR", ruled on June 22, 2012, descriptions of goods and services will be interpreted strictly as written and class heading language will no longer be covering all goods or services in the class. Since no changes were made for marks already applied for or registered prior to June 2012, previous CMT owners are supposed to file a declaration, by September 23, 2016, setting out additional goods and services not covered by the literal meaning of class headings used in their registrations. Afterwards, such registrations shall be automatically limited.
  • Starting on September 2017, non-traditional trademarks will be registered more easily as the requirement to represent the mark "graphically" will no longer apply.
  • Seizure of counterfeit goods which are only in transit through the EU is now allowed.
  • Trademark applications fees will be per class and renewals fees will decrease.

For more information, please contact: Giacomo Gori ggori@cocuzzaeassociati.it

Giacomo Gori