On January 14, 2019 new trademark laws came into force in the UK, to implement the EU Trademark Directive 2015/2436. The changes will be familiar since they were implemented into EU law in January 2016, but access our “Ten things to know” about the changes and how they affect businesses, which include:
- the removal of the requirement that trademarks need to be represented graphically opens the doors for filing sound or motion marks in MP3 or MP4 format;
- the UK IPO will no longer notify expired trademarks in its search reports and so before filing, note needs to be taken of recently expired marks which may still be renewed or restored to the register;
- changes to proof of use periods in opposition and invalidation periods; and
- new infringing acts mean that action can be taken: when fake or counterfeit goods are shipped through the UK; against those who prepare packaging, labels and other materials destined for counterfeit goods (or services); if a registered trademark is used as a company name. The “own name defense” now only applies to use of personal names by individuals.
If you would like further information, or have questions, please contact:
Of Counsel and Chartered Trademark Attorney
Tel +44 20 7444 2235