Modernising and harmonising… the Trade Mark Regulations 2018
On the 14 January 2019, the Trade Marks Regulations 2018 (the Regulations) came into force in the UK, amending provisions in the Trade Mark Act 1994 and the Trade Mark Rules 2008, bringing UK trade mark law in line with that of the EU. The changes introduced changes to elements of the application process, disputes and trade mark management, and seek to both harmonise and modernise trade mark laws.
The Regulations have amended the rules around what can be registered as a trade mark (which may now include smells, movement and sounds, amongst other things) and introduce useful mechanisms by which owners can challenge counterfeit products more robustly. The Regulations also provide some wider ownership rights relating to collective trade marks and additional ways for licensors to enforce their rights.