EU Trade Mark Directive comes into effect in UK

Last week, the EU Trademarks Directive came into effect in the UK, bringing with it changes to the UK Trade Marks Act 1994 and the UK Trade Marks Rules 2008.

Although the new UK regulations were finalised last year, they did not take effect until 14 January 2019.

The changes have been implemented in a bid to support innovation and economic growth in the UK, whilst helping to minimise the differences between trademark frameworks across Europe allowing businesses a stronger position in protecting their IP rights across Europe.

Businesses will now have greater freedom over the type of signs that they are able to register as trademarks and it could make it easier for owners of these marks to stop counterfeit goods being transported through the UK.

The new rules could make it tougher for trademark owners who have held the trademark for a long period of time to invalidate similar, later-registered trademarks, and also restrict the ability of businesses that licence the use of trademarks from others to pursue legal action against infringers.

There have also been changes around the law covering defences against infringements.  These mean that organisations and individuals can now be subject to infringement proceedings if they are using a company name which conflicts with someone else’s trademark. However, there will still be a defence if an individual is using their personal name.

More information on the reforms can be found on the UK Government website at https://goo.gl/5YPk9S