Do you have trademarks in the EU with an application date prior to June 22th 2012?
In connection with the new EU trademark regulation all those who have applied for a trademark prior to June 22th 2012 have the opportunity to specify their classifications, so they cover the goods and services which their trademark is actually used for. If no specification is made there is a risk of confining the scope of protection.
The time slot for this is open between March 23rd and September 24th 2016. We recommend all trademark owners to contact us so that we can go through your EU trademarks in order to determine whether there is a need to file a specification, and to ensure that your trademarks have the best possible protection.
Previously, when an application for a trademark was filed in the EU, the applicant could define the scope of protection by specifying a so called “class heading”, i.e. the examples of goods and services defining each class of goods and services. Goods and services are divided into 45 different classes according to a system which is called the Nice Classification. If a class heading was specified the scope of protection would cover all the goods and services which were included in the class, or would later be added to the class.
After a change in case law, this is no longer the case. Instead, since June 19th 2012, (the “IP translator” case C-307/10) the classifications for trademarks in the EU are interpreted to only cover the literal meaning of the goods and services mentioned.
If you would like to know more, do not hesitate to contact one of our trademark specialists:
Emma Carlius emma.carlius@gulliksson.se
Tel: +46 46-190520
Åsa Righard asa.righard@gullisson.se
Tel: +46 40-6644479
Cecilia Tholse Rogmark ctr@gulliksson.se
Tel: +46 735-195950
