2016年4月3日 星期日

Reminder of upcoming deadline for CTM/EUTM holders

Reminder of upcoming deadline for CTM/EUTM holders
By Stefano John, European Patent Attorney
JINN IP, LTD. www.jinnip.com

As has been previously reported, changes to the EU-level TM system have been introduced. These have mainly come into effect on the 23rd March 2016. Below is a quick list giving EUTM/CTM proprietors a quick idea of the main changes affecting them:

  • OHIM will now be known as EU-IPO, and Community trade marks (CTM) will become known as European Union Trade Marks (EUTM).

  • A new fee system has been introduced with reduced fees for single/two class registrations which would mean a reduced cost for the average TM applicant

  • A new approach to EU-TM infringing items only transiting through the EU has been introduced to fight counterfeiting

  • Most importantly, a 6-month window for CTM/EUTM proprietors has been introduced to clarify specifications of TMs filed before 22 June 2012. As has been discussed in the previous article, the major change in TM regulation means that specification of class services/goods can be limited. Therefore there is a transit window for current CTM/EUTM proprietors (if CTM filed before 22 June 2012 as this is date of “IP TRANSLATOR” case coming out) to declare what they believe they are entitled to cover with their existing TM of a specific Nice class.

The deadline runs for 6 months only, so contact your representative EU representative TM attorney to clarify how much of a specific class (even if all goods/services even if not mentioned in original application) you would like to occupy. The opportunity lasts until 23rd Sept. 2016!



Author:
Stefano John, European Patent Attorney
JINN IP, LTD. www.jinnip.com
Experiences
Managing Patent Attorney, Jinn IP
Patent Engineering Division Head, NAIPO
European Patent Attorney, Bryers
Trainee European Patent Attorney, Bugnion SpA
Trainee European Patent Attorney, Notabartolo & Gervasi
Internship, EPO