In our January newsletter we highlighted proposed changes to the Trade Marks Act 1995.
All of those changes have now taken effect, with the exception of the reduction in the grace period for renewals from 12 to 6 months, which takes effect from 27 March 2008.
We highlight the following, which may be of particular general interest to trade mark owners and licensees:
- Changes to procedures for placing Customs Notices in place and maintaining them, which have made it easier to put those in place and maintain;
- The fact that trade mark registrations obtained in different classes under the previous Trade Marks Act, which did not allow the filing of multiclass applications, can now be amalgamated into single registrations, which is administratively simpler and may reduce renewal costs;
- Changes to laws governing the powers of a registered owner to deal with their registration in the absence of third party rights being recorded on the Register, which makes it advisable for third parties with interests in a mark to have their rights recorded.
The following has a significant effect on what marks can be applied for in a single application:
- Changes to the rules governing series applications, which have greatly restricted the circumstances in which two similar marks can be filed in a single application as a series.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
