Declarations under Article 28(8) EU Trademark Regulation
We would like to remind all our clients and followers that starting as of 23 March 2016 , the owners of Community trademarks (soon EU trademark) and International trademarks designating EU, applied for before 22 June 2012 and registered for the entire class heading of the Nice Classification, will be able to file before the OHIM (soon EUIPO), during an non-extendable period of 6 months, a declaration indicating 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 but that are contained in the in the alphabetical list of the Nice classification in force on the date of filing.
Once the transitional period is over, all trademarks containing class heading will be interpreted according to their literal meaning regardless of their filing date.
It should be pointed out that the filing of the declaration will be free of charge and should be made until 24 September 2016 included, using an online application form which will be available from 23 March 2016 on the OHIM´s website.
We recommend our client to review their trademark portfolios as soon as possible in order to identify those registrations that might be affected by this new regulation and that might require a modification of the specifications.
Please do not hesitate to contact us should you require our assistance in preparing and filing the declaration.
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