24 September last chance to update your EU Trademarks

The deadline for updating class headings for certain EU Trademark registrations is approaching.

On 15 December 2015, the European Parliament adopted the reform on the Community Trade Mark Regulation, which introduced significant changes to classification practice of goods and services.

Previously EU trademark applications filed using class headings under the Nice Classification covered all the goods and services in all categories falling under the class heading.

From 23 march 2016 the goods and services must be expressly specified in the EU trademark application. The new interpretation has retroactive effect. Therefore, the goods or services originally intended to be protected under a general class heading might fall outside the trademark protection.

Owners of EU trademarks filed before 22 June 2012 may declare that their intention at the date of filing was to seek protection in respect of goods or services other than those covered by the strict literal meaning of the class heading.

If you have an EU trademark (or an international registration designating the EU) that complies with the requirements of Article 28(8) EUTMR, but all you wish to protect can be understood to fall within the literal meaning of the class heading, you do not need to take any action.

Declarations must be submitted to the EUIPO by 24 September 2016.