EU trade mark reforms - October 2017

EU-flagOn 1st October 2017 a number of changes to the European Union Trade Mark (EUTM) came into force. This is the second phase of a set of reforms which were introduced last year. 

Patricia Collis has written an overview of the changes exclusively for CITMA Review, click here to read the full article

Click here to watch a short European Union Intellectual Property Office (EUIPO) video outlining what will change on 1st October. 

EUIPO visited London in September 2017 to share with the profession the highlights and key points to note from the reforms. CITMA member Geoff Weller picked out some of the key insights, click here to read.  

The EUIPO's 38 page summary document outlines all the changes,click here to download it. You can also view its FAQs and a correlation table, which matches old article numbers to new.

There are three main areas affected 

1) Graphical representation - types of trade mark

It is no longer a requirement to represent a trade mark graphically as long as it can be represented electronically with clairity and precision. Now, for example, sound and video files will be accepted which, in theory at least, makes non-traditional trade marks easier to register. 

Click here for the EUIPO guidance

2) EU certification trade marks

Certification marks are not new, however they are new as an EU-wide right. They demonstrate that goods and services meet certain standards. Examples of certification marks include the British Standard 'Kite Mark' and the 'Woolmark'.

Click here to read the EUIPO guidance 

Click here to read IPKat's article on EU certification marks

3) Procedural change

There are a number of procedural changes coming in. These include changes to priority and acquired distinctiveness as a subsidiary claim.

Click here to read the EUIPO guidance

Click here to visit the EUIPO's reforms portal