EssenInternational

Changes ahead concerning EU trademarks

Check out if you need to take any measures in order to protect your intellectual property.

The European Parliament has recently adopted a new Directive on trademarks, which will include a series of changes that will become effective on March 23, 2016.

The alteration that we find to be the most urgent to address for IP-owners is:

On September 23, 2016, any old CTMs (filed before June 22, 2012) not amended accordingly will be considered to only protect goods or services covered by the literal meaning of the class heading.

Previously, it was common to apply for trademark protection in the EU using only class headings. Class headings were previously interpreted as giving protection across the whole class. However, today the protection only extends to goods and services covered by the literal meaning of the terms in the heading. The current interpretation concerning older CTMs will now be abandoned. Owners of CTMs have been given a six-month transition period (March 23 to September 23, 2016) in which the owner may amend any lists of goods and services.

We are currently going through the portfolios of our clients in order to find out to what extent the current amendments will have any consequence for each one of you. In case we find that any action needs to be taken we will get in contact with you soon.

Do not hesitate to contact us if you have any queries regarding the amendments to the Directive or how your portfolio may be affected. For more information please contact Andreas Roos, andreas.roos@esseninternational.com or Anna Johansson, anna.johansson@esseninternational.com