Changes to the Trade Marks Act 1994 and the Trade Marks Rules 2008 came into effect today (14 January 2019). These changes implement the EU Trade Mark Directive 2015 in the UK.

14 January is the deadline for EU member states to comply with various requirements of the Directive, as set out in Article 54. However, they have until 14 January 2023 to comply with Article 45 (procedure for revocation or declaration of invalidity).

The UK Intellectual Property Office has a page on its website setting out the changes in detail. It states:

These changes have been made by the Trade Marks Regulations 2018 (TM Regs). These were originally published in draft as part of a consultation in February 2018. Following on from comments received, certain aspects of the TM Regs were amended to produce the final version. They give effect to the EU Trade Mark Directive 2015.

The guidance includes references to the relevant section or schedule of the Trade Marks Act (TMA) or rule of the Trade Marks Rules (TMR), and to the regulation in the TM Regs which introduces the change. An unofficial version of the TMA has been produced to show the changes. The unofficial version of the TMR will be updated in January, once the changes have come into force.

The main changes covered in this note fall within the following broad headings:

• applying for a trade mark
• objecting, challenging and resolving trade mark disputes
• managing trade marks

A list of national transposition measures communicated by EU member states to the European Commission relating to the Directive is provided here.

Class 46 welcomes contributions from readers in EU member states regarding other changes to national systems that have been implemented or proposed as a result of the Directive. Please email the editor at editor@marques.org