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Declaration regarding class headings: EUIPO has amended its guiding list

September - 2016

We posted a news in February of this year regarding the change of the Community trademarks into European Union trademarks.

One of the points related to the class heading.

Owners of EU trademarks applied for before 22/06/2012 and registered in respect of the entire heading of a Nice class may declare that their intention related to the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class, provided that the so-designated goods or services are included in the alphabetical list for that class in the edition of the Nice Classification in force at the date of filing. The time limit for filing this declaration under Article 28(8) of the EU Trade Mark Regulation is 24/09/2016.


The EU Intellectual Property Office (EUIPO) had issued a guidance in order to help owners and their representatives to check their trademarks and prepare the declarations, taking into account different versions of the Nice Classification.


Very recently, EUIPO published a new, and again, non-exhaustive, list containing further examples of terms considered not to be clearly covered by the literal meaning of the class headings: see the list.


This list goes beyond the original list of examples published in February, and it is strongly advised to review Declarations already filed.