When something changes in trademark law, it does not automatically mean that your pending application or your existing registration will be treated differently. When lawmakers and the registers make a change, they usually include transitional provisions that indicate from which moment the new rules apply and for which files. Whether that is the case for you is best checked in the official text of the change itself or by asking a legal professional; this article explains how such a transition usually works, so you know what to look out for.
The short answer is therefore: it depends on the change and on the date when your application was filed or your mark was registered. A new rule does not automatically affect files that were already pending before the rule came into force. But that is not an iron-clad rule; it is a common pattern that you must verify for each change.
Why this question is being asked so often now
Entrepreneurs learn through news reports, their industry association or through us that something is "coming" in trademark law: an adjustment at the BOIP, a change in the way the EUIPO operates, or an update to the Nice Classification that reorganises classes. The instinct is understandable: you have an application pending or a mark registered, and you want to know if you need to do anything. Often the answer is that you do not need to do anything, but that can never be said with certainty without reading the change itself.
How transitional law usually works
When a regulation, a directive or an implementing rule of the BOIP or EUIPO changes, it usually contains an effective date and, where relevant, a transitional provision. Such a provision might, for example, provide that the old rules apply to applications filed before the effective date, or conversely that the new rules also apply to pending files from a certain date onwards. Which of the two applies depends on the change and is always stated in the text itself. Generic statements about this, even on our platform, are therefore always an indication and never a guarantee for your specific file.
What this means if your application is still pending
If your trademark application at the BOIP or EUIPO is still being processed at the time something changes, the first question is whether the change concerns the procedure (for example, time limits, communication, forms) or the substance (for example, which signs are capable of being registered, or how classes are described). Procedural changes more often take effect immediately, even on pending files, because they concern the way cases are handled. Substantive changes are more often accompanied by transitional law. If you are in doubt about your own application, the official text is the authoritative source, not a summary elsewhere.
What this means if your mark is already registered
A registration that has been valid for ten years usually does not change retroactively due to a later change in law. What you should watch out for is whether a change affects the monitoring of your mark: if the way new applications are published or compared changes, that can affect the quality of alerts to which you as a mark holder must respond. That is a reason to take monitoring seriously, not to assume that your registration itself is at risk.
What this means if you are only applying now
If you have not yet filed an application, the law as it stands at the time of filing simply applies. You do not need to wait for an amendment unless the amendment itself explicitly states that applications filed after a certain date are subject to different conditions. If you would like to know which classes and which route are appropriate for your situation before filing, you can have that determined in a few questions before you proceed.
Where you can check this yourself
The reliable sources are the official texts themselves: the EU Regulation and its implementing rules via EUR-Lex, and for Benelux the Benelux Treaty on Intellectual Property and the implementing regulations of the BOIP. We monitor these sources and incorporate relevant changes into our knowledge base, but we never make a legal decision on your behalf. You can read more about how we obtain our information and what we do and do not do for you on the page explaining where our information comes from.
What marcai.eu does and does not do for you
We are not a trademark representative and do not provide legal advice on your specific case. What we do is perform the conflict scan, prepare the correct classes and have your application ready down to the last detail for filing through your own account with the BOIP or EUIPO, plus ongoing monitoring and the renewal reminder once you are registered. In the event of a refusal or opposition, we hand over the file to a trademark representative, as we do not handle those matters ourselves. You can find an overview of what a registration process with us costs on the page with the service fee and subscriptions, and if you are unsure whether your situation is an exception, you can read about it on the frequently asked questions page.
If you want to know whether an upcoming change affects your own mark, start with a free check of your name or logo, or browse the knowledge base without needing an account.