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Amendments to Trademark Laws

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Feb 17, 2016 (Newsletter Issue 3/16)
EUIPO
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Framework for Declarations under Art. 28(8) EUTMR


OHIM has issued a Communication on Article 28(8) of the amending EU trade mark Regulation, which will enter into force on March 23, 2016.

Article 28(8) of the amending Regulation allows for a transitional period of six months during which proprietors of EU trade marks applied for before June 22, 2012, and registered in respect of the entire heading of a Nice class, may declare that their intention on the date of filing had been to seek protection in respect of goods and services beyond those covered by the literal meaning of that heading.

In essence, this means that from the end of the transitional period, all trade marks containing class headings will be interpreted according to their literal meaning regardless of their filing date.

The Communication of the President of OHIM sets the framework for proceedings before the Office for entering a declaration under Article 28(8) EUTMR in the Register. It also provides an Annex containing a non-exhaustive list of examples of goods and services clearly not covered by the literal meaning of the general indications of the Nice class headings for each of the editions of the Nice classification concerned (6th to the 10th edition) to assist users in making their declarations.

For further information and to access a list of 'Frequently Asked Questions' can be seen here

Source: www.oami.europa.eu