THE new European Union trade marks regulation came into force this March, and is likely to affect UK businesses, whatever the referendum result.
Community Trade Marks are now called European Union Trade Marks; the Office for Harmonisation in the Internal Market (OHIM), which registers trade marks in the EU, becomes the European Union Intellectual Property Office (EUIPO); and the Community Trade Mark Court becomes the European Union Trade Mark Court.
The new regulation is a refinement to the European trade mark system rather than a major overhaul.
THE new European Union trade marks regulation came into force this March, and is likely to affect UK businesses, whatever the referendum result.
Community Trade Marks are now called European Union Trade Marks; the Office for Harmonisation in the Internal Market (OHIM), which registers trade marks in the EU, becomes the European Union Intellectual Property Office (EUIPO); and the Community Trade Mark Court becomes the European Union Trade Mark Court.
The new regulation is a refinement to the European trade mark system rather than a major overhaul. For example, there may now be objections to trade marks which consist exclusively of the shape, or ‘another characteristic’ which results from the nature of the goods, or is necessary to obtain a technical result, or which gives substantial value to the goods. This may make it more difficult to register items as food containers, packaging, articles of clothing (e.g. shoes) and furniture as trade marks. However these items can still be protected as community designs.
The requirement for ‘graphical representation’ of a mark is now relaxed. The EU trade marks register accepts different electronic formats, and marks which can be represented by video or audio files, such as adverts, tunes or jingles, can now be registered more easily.
It is now possible to register certification marks in Europe. A group of producers whose goods or services comply with particular regulations on quality or other characteristics may own a certification mark. Examples include the Woolmark and Harris Tweed.
However, most registered trade marks will continue to consist of the names of products and services.
EUIPO registers around 120,000 EU trade marks annually, compared to around 80,000 UK trade mark registrations each year at the UK Intellectual Property Office.
Meanwhile, the Institute of Trade Mark Attorneys recently obtained a Royal Charter, and this autumn becomes the Chartered Institute of Trade Mark Attorneys. Its members will be known as Chartered Trade Mark Attorneys. Chartered Trade Mark Attorneys specialise in the law of trade marks and designs, and (generally speaking) have most of the rights and skills of both solicitors and barristers, within this specialist area.
Franks & Co are located at Carlton House, 26 Billing Road, Northampton. Telephone 01604 632436, email or visit the website www.franksco.com
