We list concisely some further changes entered into force on 23 March 2016.
RULES EXTENDED TO EEA COUNTRIES
The rules regarding the communication of time limits and professional representation have been extended to all European Economic Area members, no more being valid only to the Member states of the European Union.
SENDING OF SURVEILLANCE NOTICES
EUIPO will continue to send surveillance letters to the owners of trademarks when it notes a potential conflict with other trademarks that are filed. However, proprietors may now expressly request to opt out of surveillance letters, in which case they will no longer receive any.
THIRD PARTY OBSERVATIONS
Observations on the existence of an absolute ground for refusal can be made by third parties before a European Union trademark application has been published, as well as within the opposition period or, where an opposition has been filed, before the final decision on the opposition has been taken.
DISCLAIMERS and SENIORITY
Disclaimers, that is the possibility of specifying that no protection is sought on a particular term, which is useful in the case of trademarks composed also by parts of general, descriptive or known meaning, are no longer accepted.
Seniority of an earlier trademark is still accepted and allows the filing of a European Union trademark in a specific state become effective from the earlier date of filing of the same trademark in that state. Seniority will lapse if the earlier national trademark is declared to be invalid or revoked.
PROHIBITION OF FUNCTIONAL TRADEMARKS
Not only ‘shape’ marks but also other marks (in particular color, smell or sound marks) will be refused when the sign consists exclusively of these particular characteristics and therefore when the color, smell or sound is such in itself and is not an “additional” characteristic of the trademark.
TRADITIONAL TERMS AND SPECIALITIES
EUIPO will refuse the trademarks that contain traditional terms, such as “ageing” for wine, or traditional methods of production, such as “Jamón Serrano”.
IR TRADEMARK OPPOSITION TIME LIMITS
The time limit for filing an opposition against a European Union trademark filed through the procedure of the International trademark expires after 3 months from the end of the period of 1 month from the republication of the application, and no more after 6 months. Moreover, among the opposition grounds there is also the contrast of the trademark with a protected geographical indication or with a geographical indication, even if this type of opposition may be filed only by the subjects deputed to protect them in the state of origin.