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FSB South Wales Conference
Festive Period Opening Hours 2023
Expo Wales 7 November 2023
Zokit South Wales Business Expo 12 October 2023
Monnouthshire Business Expo
Festive Period Opening Hours 2022
Phone Disruption
Indelible IP At Local Business Awards
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Festive Period Opening Hours 2020
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Festival of Female Entrepreneurs 19 October 2018
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Is the clock ticking on your EU registration?
Archive
Is the clock ticking on your EU registration?
5/27/2016
23 March 2016 saw a number of reforms to EU trade mark protection in an Amending Regulation. Amongst these was a move to improve the clarity of the scope of EU trade mark registrations which were obtained prior to a change in practice in June 2012.
Historically the European Union Intellectual Property Office (EUIPO) allowed terminology in an application that used the class heading of the relevant international classification to describe goods and services, and deemed this to cover everything in that class whether or not this was actually listed in the registration. Needless to say this was controversial, and led to a lack of clarity of the intended scope of protection for a number of registrations. As a result of a challenge through the EU courts a change of practice on 22 June 2012 led to new applications needing more clarity. But this did not assist the position with older registrations.
The Amending Regulation now provides a transitional period for trade mark owners to remedy the position. Holders of such registrations which list the class heading can apply to specify more clearly the full intention of the scope of their registration, but must do so by 24 September 2016. After this date the literal meaning of the list of goods or services will apply, regardless of the intention at the time of filing.
Holders of pre 22 June 2012 registrations should review their rights and seek advice from an EU attorney on whether or not they need to consider filing a declaration for clarification ahead of the deadline.
