The changes will come into effect on 14 January 2019
The Government has published some very useful guidance to cover changes to the Trade Marks Act 1994 (TMA), and the Trade Marks Rules 2008 (TMR). It gives a general overview of the changes most likely to impact on business, and which will come into effect on 14 January 2019, but it is not a substitute for legal advice on specific issues.
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; Applying for a trade mark and the following areas are covered with simple explanations of what the changes will mean and the timings involved.
For Government guidance on the following, see here
- Representation of a trade mark
- Extending existing objections relating to technical function, etc
- Notification of earlier rights in search reports
- Opposition proceedings: change to the point at which the non-use period starts
- Collective trade marks
- Goods in transit – goods passing through the UK
- Guarding against those preparing to counterfeit
- Trade marks shown as generic terms in dictionaries
- Trade marks registered incorrectly in the name of an agent or representative
- Procedures associated with infringement
- Defences against infringement
- Invalidation proceedings – proof of use requirements
- Licencing
- Registrations
Dids Macdonald, OBE., CEO of ACID said, “A trade mark, brand or name by which you are known and under which your reputation sits is one of the most important intellectual property rights you can rely on so it is important to get it right. Our legal affiliates are on hand to guide you through the various changes listed above which may have an effect on your future trade mark strategy. In the last newsletter both Briffa and McDaniel & Co wrote about this subject and you may wish to reference their tips advice and guidelines here”