[Legal Alert] The new requirements for entrepreneurs to protect trademarks - a significant change in the system of registration of trade marks enters into force on 15th April 2016

Important amendment to the industrial property rights enters into force on 15th April 2016. The legislator introduces the opposition system of trade marks registration – similar to the model operating under EUIPO (former OHIM). So far, the Patent Office by itself has investigated possible collision of new submissions with the earlier registered trademarks. After the amendment, the burden of finding and notification of any such collision will rest on the rightholder of the earlier registered trademark. The Patent Office will examine ex officio only the absolute grounds for refusal.

This implies the need to monitor any new trademark applications by entrepreneurs themselves, in order to detect potential collisions (eg. similarity of the marks). Within 3 months from the date of publication of a trademark application, the right holder of earlier trade mark or holder of earlier personal or property rights will be able to oppose such a trade mark application. In the absence of right holder’s objection, the Patent Office shall grant the right of protection for a new trademark.

The amendment is designed to accelerate the process of trademark registration, which currently takes on average more than a year. However it will also require the right holders to take care of their registered trademark by day to day monitoring of new trademark applications.