New procedural rules surrounding the scope of EUTM (formerly CTM) specifications of goods and services (Article 28(8)) came into effect as of late March 2016. Class headings are now treated like any other terms and will not extend to all goods or services in a given class.
This means that owners of EUTM registrations predating the IP TRANSLATOR case that include Nice broad class headings have until September 24, 2016 to make a declaration that they intended their EUTM(s) to cover more than the goods and services represented by the literal meaning of a given broad class heading, and to identify these goods and services. After the September deadline, EUTMs will be interpreted strictly by the literal meaning of the terms included, regardless of filing date.
To help trademark owners and their legal representatives accelerate research into which of their marks require a declaration filing, Corsearch has produced a report of EUTM marks predating the IP TRANSLATOR case that include Nice broad class headings. This new report speeds the research process by enabling users to quickly sort and search the data by:
- Correspondent/representative name; and
- Owner name.
Law firms can also use the report to identify prospective clients that need assistance meeting this urgent challenge.
Trademark owners must act by the September 24 deadline to clarify the exact scope of the goods and services in their EUTM marks by filing a declaration for each of them. This new report can save trademark owners and their legal representatives precious time and resources.
If you would like to view a sample report or learn more about this valuable new report, please click here
or contact your local account manager.