Act now to ensure that your business requirements are appropriately safeguarded
For owners of EUTMs which predate 22 June 2012, there is a “window of opportunity” until 23 September 2016 to review and ‘perfect’ their EUTMs to safeguard the scope of protection and ensure their business requirements are appropriately safeguarded.
The newly implemented EU trade mark regulation has introduced measures following the CJEU’s decision in the IP Translator case. The use of a Nice class heading as a class specification no longer covers all the underlying goods or services falling within the class lists. Instead the class heading is interpreted literally limiting the scope of protection to those specific goods or services mentioned. In some circumstances, the class heading will remain perfectly adequate but in other cases, brand owners risk having the scope of their once assumed protection, seriously compromised.
To read more about the details of our specification checker offering please click here.