Article 28 Declaration Risks

Some of you may already be aware of an Article 28 declaration in connection with the scope of protection for goods and services of Community Trade Marks.

The implication for clients with a portfolio of CTM’s, or even just one, filed before 22nd June 2012 is that trade mark owners will soon be given a six-month, one-off window to bolster the scope of their pre-June 2012 CTM portfolios by making an “Article 28” declaration to the EU Intellectual Property Office regarding the goods and services covered by their registrations.

If such a declaration is not made, then those registrations may forever thereafter be limited and no longer cover goods and services which owners previously thought they did.

The change in law and practice is to reduce or remove completely one owner having a trade mark monopoly and is going to take away some trade mark rights – probably forever.

It is important for owners of CTM’s filed before 22nd June 2012 to look at the options available to them.  Please talk to one of our trade mark team for further information about how we can help.