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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
TUESDAY, 2 AUGUST 2016
Article 28(8) Declarations: a big reminder

Last month Class 46 posted "All tied up in knots over Article 28(8) declarations? Here's a bit of help" in which we reminded our readers as follows:

Article 28(8) EUTMR, amended by Regulation 2015/2424 amending the Community trade mark regulationallows for a transitional period of six months during which proprietors of EUTMs applied for before 22 June 2012 and registered in respect of the entire heading of a Nice class may declare that their intention on the date of filing had been to seek protection in respect of goods and services beyond those covered by the literal meaning of that heading.

The latest (July 2016) issue of EUIPO's Alicante News carries a further item on Article 28(8) Declarations. You can access that issue by clicking here. The big news is that, on 4 July 2016, the Office published a second Grey List [does it contain Fifty Shades ...?] of examples – this time for terms possibly not clearly covered by the literal meaning of the Nice class headings. 

PLEASE READ THIS:  Human beings are fallible, and trade mark practitioners are not exempt from error.  It is 100% certain -- we repeat, 100% certain -- that someone is going to get this wrong.  Between people who

  • miss the Article 28(8) information completely
  • don't miss it, but think it doesn't apply to them
  • misunderstand it
  • understand it but then misapply it
  • come up with their own perfectly reasonable but totally erroneous interpretation of it
  • misread or mistake the deadline
  • forget to get any necessary instructions from clients in time
  • mis-program their computer systems to handle it
  • just react slowly to legislative change
  • go into a state of complete denial
  • take very, very long holidays,

we can promise that there will be blame and counter-blame, hot cross clients, litigation, tears and bills.  Make sure that you are not that person!

Posted by: Blog Administrator @ 08.28
Tags: Article 28(8) Declarations, Class Headings, Protection of Goods and Services,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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