The EU is making several changes to trade mark legislation effective October 1st. The graphical representation requirement will be removed, allowing applications to be filed in audio and video formats. Certification bodies will be able to register EU-wide certification marks highlighting products or services that meet regulatory standards. Priority claims must now be filed simultaneously with trade mark applications. Applicants can optionally make acquired distinctiveness claims to only provide evidence if an inherent distinctiveness claim fails.

1. Changes to EU trade mark law coming soon
Trade mark legislation from the EU has changed over the last few years in many
ways, and is set to change again from 1 October. Designed to complement those
made in March 2016, the new amendments will involve various additions and
removals regarding trade mark ownership.
‘Graphical representation’ requirement removed
At present, all trade mark applications must be represented graphically. This has
posed problems for those looking to register unusual trade marks, such as sound
marks and moving images.
The change will allow applicants to file trade marks in different formats, including
MP3 and MP4. Figurative marks will be permitted as a Jpeg file, removing the need
for a long-written description.
EU certification marks
Certifying bodies will be able to register an EU-based certification mark, highlighting
that the service or product satisfies the regulatory demands. An example is the
Fairtrade logo on products. The application will cost €1,500 and will allow the
certification mark to operate in multiple EU states.
Priority claims
At present an applicant can file a priority claim first, followed by the trade mark
application. The change will mean that the priority claim must be filed at the same
time.
Acquired distinctiveness claims
From 1 October, the applicant will be allowed to make a subsidiary claim, meaning
they will only need to file evidence if their claim for inherent distinctiveness fails. This
will save them time and money as they may not need to prepare the paperwork if it’s
not needed.
There are other procedural changes, but these are the biggest changes to come into
effect from 1 October 2017.
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