The New EU Trademark - The New EUIPO - Overview of the Changes  - #rolfclaessend
Channel: Rolf Claessen
Date: 2016-02-25

The New EU Trademark - The New EUIPO - Overview of the Changes  - Trademarks: Advanced
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OHIM changes its name to EUIPO - This video is about the new EU Trademark formerly know as the Community Trademark (CTM), the new European Union Intellectual Property Office EUIPO, formerly known as the Office for the Harmonization in the Internal Market. I will give you a brief overview of the most important changes and new things to know.

There will be a class fee for each class that is claimed in the new EU trademark. There is no longer a flat fee for the first three classes.

Claiming goods and services: claiming all Nice class headings in a given class no longer automatically claims ALL goods and services in the class, even if they do not fall under the class headings (e.g. translation services). There is a grace period of 6 months to claim all goods in a given class.

There is a new type of trademark called the "certification mark", which I explain in the video.

Disclaimers can no longer be used to overcome absolute ground rejections.

Functional signs (color, sound, smell, ...) will be subject to the same prohibitions applied to shape marks.

EU Trademarks cannot be filed via the national offices.

Users of the system can choose to receive search reports or surveillance letters.

The time limit for third-party observations is now defined in a new way.

The new EU trade mark Regulation enters into force on March 23rd. As a result, the Office for Harmonization in the Internal Market (OHIM) will change its name to the European Intellectual Property Office (EUIPO). 


A good summary of these and more changes that I go over in this video can be found here:

https://www.youtube.com/watch?v=PMhoQqcRDFk&feature=youtu.be


Other useful websites:

IP Fridays - http://www.ipfridays.com (intellectual property podcast)

IP Newsflash - http://www.ipnewsflash.com (intellectual property news portal, free patent PDF download, free patent family search)


About Rolf Claessen

Rolf is patent attorney of IP boutique law firm Michalski · Hüttermann. The firm is managing about 4500 trademarks and 6500 patents and patent applications for mostly domestic medium sized clients in Germany in many technical fields.  

His personal background is chemistry and nanotechnology. Before becoming a patent attorney, he received his Ph.D. from the College of  Nanoscale Science and Engineering as well as the Chemistry Department, both at the State University of New York at Albany. Also, he worked for a small nanotechnology startup that was spun out of the Bayer group.

The focus of his practice is the prosecution of trademarks and patents and other intellectual property rights. His expertise in patent prosecution encompasses a deep understanding of patent law, prior art searches, prosecuting patent applications, patent drafting, opposition and defending against competitors. With the team at Michalski · Hüttermann, he strives to be the external IP department for many medium sized companies. 

Rolf has been included in the Patent 1000 rankings of the IAM magazine ever since 2013. And he is included in the WTR1000 ranking in 2015.

He is a prolific writer mostly writing for law journals such as GRUR or IP Rechtsberater. He is host of his two podcasts Markenpod and IP Fridays.

Rolf is also volunteering his time in the worldwide volunteer organization Junior Chamber International (JCI), where he served as executive congress director for the JCI World Congress 2014 in Germany. 

He enjoys spending at least the weekends with his three kids and his wife. Rolf wishes to have more time for hobbies like sailing.

Contact Rolf at

Dr. Rolf Claessen
Michalski · Hüttermann & Partner Patentanwälte mbB
Speditionstraße 21
D-40221 Düsseldorf
Germany

Telephone:  +49 211 159 249 0
Facsimile: +49 211 159 249 20
Email claessen@mhpatent.de

http://www.rolfclaessen.com


Legalese and Disclaimer

You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms.  None of the content should be considered legal advice.  This video should not be construed as legal advice or legal opinion on any specific facts or circumstances.  The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.