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EU trade mark reforms

New legislation will be welcomed by trade mark owners seeking to protect their goods from counterfeiters, explains Chris McLeod

16 February 2016

Trade marks in the EU are changing. On 23 March 2016 community trade marks (CTMs) are set to become EU trade marks (EUTMs).

In addition, the name of the body issuing trade marks is changing. The Office for Harmonization in the Internal Market will now be known by the more descriptive label EU Intellectual Property Office. ?It will remain based in Alicante ?in southern Spain. 

However, most of the changes coming in are far more than cosmetic.

Counterfeit goods

In my opinion, one of the most important changes, and a big boost to trade mark owners, is the strengthening of laws relating to goods in transit. Currently, a valid CTM registration is not enough to prevent counterfeit goods passing through the EU when the final destination is outside the jurisdiction of the CTM. So, under the current legislation, a consignment of counterfeit mobile phones could be passing through a British port, destined for South America and coming from C...

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