Now’s the time to make your mark

Now’s the time to make your mark

Now’s the time to make your mark

The Community Trade Marks Office in Alicante turns 20 this year and to mark the occasion they have lowered the cost of filing a Community Trade Mark. Carin Burchell, European Trade Mark Attorney and MITMA Trade Mark and Design Litigator at BRANDED! explains more.

“It is not often that Official Fees go down, but it is now less expensive to file for a Community Trade Mark (CTM). It is only for one class of goods or services; however, you can now register a trade mark to cover the 28 countries of the EU at the lowest price ever since the registration first began in 1996.

“The new regulations and fees came into action on 23 March 2016, and as evidence that the Office is becoming more accessible they have changed their name. The Office is now called the ‘EU Intellectual Property Office’ or ‘EU IPO’ and the CTM is now known as the ‘EU TM’.”

A number of other changes have also been made:

  • International Registrations designating EU TMs are able to proceed to acceptance a lot quicker than they used to, with the three-month opposition period commencing after only one month after publication, rather than the six months it previously took;
  • It is now possible to oppose EU TMs on the basis of Protected Designations of Origin and Protected Geographical Indications, and not only on the basis of earlier trade marks;
  • After 24 September 2017, Certification Trade Marks (certifying characteristics of goods and services) will be possible in the EU, as well as Collective Trade Marks;
  • Five years non-use (if required) has to be proved from before the filing of the conflicting application, and not before the later publication date;
  • Priority must be claimed on filing – previously it was possible to claim it up to two months later;
  • After 24 September 2017, it will become easier to file non-traditional trade marks (e.g. sound marks), as it will no longer be necessary to file graphical representations of them; however, they will still need to be represented properly.

IF ANY OF THE ABOVE RAISES ANY QUESTIONS, PLEASE CONTACT THE TEAM AT BRANDED! ON 01904 476388, EMAIL info@trade-mark.co.uk OR WRITE TO 3A CENTURION OFFICE PARK, TRIBUNE WAY, CLIFTON MOOR, YORK, YO30 4RY

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