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Mrz 02, 2016 (Newsletter Issue 4/16)
WIPO
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Chance to Clarify the Scope of Protection of IR


The Office of the European Union (OHIM) has informed the International Bureau of the World Intellectual Property Organization (WIPO) that holders of international registrations designating Europe receive the chance to clarify the scope of protection of their goods and services.

OHIM has issued a Communication on Article 28(8) of the amending EU trade mark Regulation, which will enter into force on March 23, 2016. Article 28(8) of Council Regulation No. 207/2009 (EUTMR) allows for a transitional period during which proprietors of European Union Trade Marks, applied for before June 22, 2012 and registered for the entire heading of a Nice class, may declare that their intention on the date of filing had been to seek protection for goods and services beyond those covered by the literal meaning of that class heading.

Declarations may only be made for European Union Trade Marks that were filed before June 22, 2012 and continue to be registered for the entire heading of at least one Nice class.

In accordance with Articles 145 and 151 EUTMR, the provisions of Article 28(8) EUTMR, i.e., the possibility of submitting declarations, also extend to protected international registrations and subsequent designations designating the European Union, before June 22, 2012 and continue to be in force for the entire class heading of at least one Nice class.

Declarations for international registrations and subsequent designations designating the European Union must be submitted to OHIM, under the modalities specified in Communication No 1/2016 of February 8, 2016 of the President of OHIM.

Declarations must be submitted directly to OHIM between March 23, 2016 and September 24, 2016, both dates included. These declarations are not to be sent to WIPO.

Where OHIM finds that declarations comply with the requirements of Article 28(8) EUTMR and the Communication, it will send to WIPO, for each concerned international registration, a statement under Rule 18ter(4), which is applicable by analogy, of the Common Regulations Under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement.

WIPO will record and publish the pertinent information in the International Register and inform the holders of the concerned international registrations.

For further information please check here

Source: www.wipo.int