Broad trade mark specifications and terms are still acceptable at the UK and EU IPOs, but will likely come under significant scrutiny if relied upon where no commercial justification exists, and the UK Courts are free to draft their own “fair specification” during proceedings if a counterclaim for bad faith is filed.

Particular note should be taken with Brexit: the UK could well move away from the more generous approach taken by the EU IPO, potentially moving closer towards the USPTO model, so ‘real thought’ may be needed when drafting specifications going forwards.