NEW LAWS FOR EU TRADEMARKS
New regulation for EU trademarks will Came into effect on March 23, 2016. There are MANY changes to THE REFORM; WE HAVE SELECTED a few to highlight FOR YOU.
Community trademarks become EU trademarks.
The Office for Harmonization of the Internal Market (“OHIM”) has become the European Union Intellectual Property Office (“EUIPO”).
beware of misleading bills and scams!
Especially in light of the changing names, the EUIPO recommends paying close attention to communications requesting payment. An increasing number of trademark holders received misleading invoices and requests for undue payments, which were not authentic.
The Office advises trademark holders not to make payments without verifying authenticity of the request and the official nature of the source.
RENEWALS: CHANGES IN TAX REQUIREMENTS
Diminish the renewal fees for EU trademarks:
When they come into effect, the new rules will enact significant reductions in tax requirements for the renewal of expiring trademarks.
The reduced tax requirements apply to renewals for brands that expire after 03/23/2016, regardless of when the filing is made.
Conversely, trademarks expiring prior to 03.23.2016 must conform to the applicable renewal fees valid before the reform, regardless of the date on which the renewal will be made.
NEW TAXES FOR REGISTRATION
Taxes for trademark registration with the European Union have been effected by the reform, both with regards to processes and amounts.
Beginning on the 23rd of March 2016, the fee for EU trademark registration will no longer include three classifications for goods and services.
The registration fee, amounting to 850 or 900 Euro, will cover only one product group. For the second product or service to be registered the fee will be 50 Euro, and 150 Euro for each subsequent class to be covered.
DeClaration – list of products and services
The new reform will affect all trademarks (including international trademarks registered with the EU) filed before June 22, 2012 and registered in respect of the entire healing of a Nice class.
Specifically, trademark protection previously covering an entire class of goods and services will now cover only the good or service aligned with the literal meaing of the class heading, as it appeared on the original trademark filing.
Trademark owners have a transient six month period (ending 24 September 2016) to submit a declaration specifying the full range of protection intended for all goods and services within a specific class.
CHECK your trademark!
If your trademark was filed before 22 June 2012 and used a Nice Classification heading in its filing, it is recommended to check your trademark. Under the reform, trademarks will cover only the goods and services aligned with the literally meaning of the class heading, and not more.
Trademark owners have the opportunity to expand their trademark registration to cover the full range of goods and services intended within the class (and not just aligned with the literal meaning of the words in the heading title). This must be done before the 24th of September 2016.