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The European Union has recently amended its trademark law which may impact the protection given by European Union Trademarks (formerly known as Community Trademarks). These reforms will also cover EU designations of International Registrations filed under the Madrid System.
Beginning on March 23, 2016, all European Union Trademarks (EUTMs) that:
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Were filed before June 22, 2012 and
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Were filed for the entire Heading of an International Class
Must be amended before the deadline of September 24, 2016, if:
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The Class Heading that is claimed does not, by its literal meaning, cover the actual goods and/or services of commercial interest under the mark and
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The intended actual goods and/or services are listed in the Nice Classification edition in force at the time of filing.
We advise all EUTM owners and International Registration holders to audit their trademark portfolio well in advance of the September 24, 2016 deadline in order to determine if any registrations or applications may be impacted.
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