Changes to trade mark law in the UK are coming into force on 14 January 2019. These implement amendments introduced by the new Trade Marks Directive (2015/2436/EU).
The Directive is focused on national trade marks but harmonises the law in line with amendments made to EU trade marks (EUTMs) that are already in effect. This will bring in some useful new tools to assist brand owners fighting counterfeits and the misuse of trade marks as company names. It also brings changes to the regime for the enforcement of trade marks by licensees and introduces a number of other useful substantive and procedural changes which modernise and improve efficiency in prosecution and enforcement without introducing radical change. In this article, which first appeared in the December 2018 issue of PLC Magazine, we outline the key changes and consider how these will impact businesses.
Susie Middlemiss (partner), Laura Balfour (professional support lawyer)