Amendments of Trademark Right

On March 23, 2016 a Regulation (EU) 2015/2424, amending the Community Trademark Regulation, (EG) 207/2009, came into force which primarily concerns the following:

1. The designation “Community Trademark” (abb.: CTM) was changed to “European Union Trademark” (abb.: EUTM).

2. The “Office for Harmonization of the Internal Market” (abb.: OHIM) is now named “European Union Intellectual Property Office” (abb.: EUIPO); there does not exist an abbreviation in another language.

3. An EUTM may now consist of any sign that can be entered into the register in an understandable manner.

A “graphical” representation is therefore no longer a prerequisite — olphactoric and haptic signs are from hence registrable, provided that they fulfill all recording criteria valid so far.

4. The fees for recording and renewing a EUTM are now calculated per class.

So far the basic fee had encompassed three classes, ie an additional fee per class was due starting from the fourth class.

5. Goods and services are now defined only by the literal meaning of a term.

The former practice by which a complete class heading had covered all goods or services of that class, even if they were not encompassed by a term of the heading, was stopped.

Owners of EU trademarks which were filed before June 22, 2012 have until September 24, 2016 the opportunity to additionally nominate any terms which are not literally covered by the class heading.