15 January 2019
Authored and Edited by Fionnuala P. Richardson; Clare A. Cornell
From 14 January 2019 the long-awaited Trade Mark Directive (2015/2436) will take effect in the UK, reflecting the UK’s continued effort to enhance harmonisation of trade mark law across the EU.
So, what do UK trade mark Applicant’s need to know?
Key Changes:
…. In Respect of UK Trade Mark Applications
a. Own-name defence: the use of a trade mark as (or part of) a company name may now be found to be an infringing act. This defence now only applies if you are using your own personal name.
b. Non-use defence: As part of your defence during proceedings, you can now ask the owners of the registered mark to show that their mark is valid i.e. that they have been using it. This is easier than commencing parallel revocation proceedings based upon a claim of non-use.
c. If you applied to registered/started to use a mark that was similar/identical to an earlier registered once that mark had expired and then the owner of the earlier mark renews/restores it, they may now claim you are infringing this registration. Under certain circumstances, you may have a defence against such a claim.
… In Respect of Managing Trade Mark Rights
If you have any questions on the above changes to the Trade Marks Act 1994 and the Trade Marks Rules 2008, please do not hesitate to get in touch.
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