The new Trade Mark Directive EU (2015/2436)

In a manner echoing the changes implemented through the EU Trade Mark Regulation (EUTMR) the graphical representation requirement has been dropped and is not in fact even required (Recital 13), as long as the sign is sufficiently able to be presented so as to determine a clear and precise subject matter of protection. This has resulted from a codification exercise of the Sieckmann criteria (Case C-273/00 ). This results will undoubtedly pave the way for an increase in innovative and non-traditional signs being submitted for registration and will lead to a wider degree of interpretation for trade marks even available to the local market which has to date been dominated by traditional word marks and figurative signs and logos.

The goods and services classification has been tightened following the principles established through the IP Translator Case (Case C-307/10). Long gone are the days when an entire class heading could be claimed generically. Terms have to be carefully drafted to ensure appropriate coverage for the specific goods or services.

National Offices now have the obligation to Introduce an opposition procedure based on Relative Grounds. This will be quite the game changed in Malta which currently conducts a substantive examination on Relative Grounds by examiners at the Comptroller for the Industrial Property. This will mean that trademark applications will be processed faster but will also necessitate right holders to watch the MT trademark register.