The changes we plan to make are consistent with the Directive. They include:
removing the requirement for a trade mark to be presented graphically. Marks then could be filed in contemporary file formats, like moving images, provided they are presented in a clear and precise manner
restricting the scope of the ‘own name’ defence against infringement to individuals only
removing expired trade marks from the definition of an ‘earlier trade mark’
This will make the framework across Europe more accessible and effective for business, to support innovation and economic growth. It will also future proof the system in terms of file formats.
We seek views on how we should make these changes. We have also included a draft statutory instrument, which sets out the proposed changes in detail.
If you have any comments on any aspects of the consultation please send them to TMDirective@ipo.gov.uk before 16 April 2018.