About Article 28 (8) of the new EU Regulation No 2015/2424

Article 28(8) of the new EU trade mark reforms Regulation, No. 2015/2424 settles a relatively short window of 6 months during which owners of CTMs dating from before 22 June 2012 which cover entire class headings will have an opportunity to amend the goods and services to include those which they really intended to cover, in addition to the class heading. After that period expires, CTMs will be interpreted strictly according to the literal meaning of the terms included.

This amendment will be made by a special Declaration which the owners of the affected registrations will have to file within the deadline which is 23rd of September 2016.

If a Community trade mark was filed before 22 June 2012 and the owner decides not to file an Article 28(8) Declaration, then the registration will be deemed to extend only to goods or services clearly covered by the literal meaning of the class heading terms