EU trademark reform – Part 2

european-union-flagThe second part of the reform concerning the protection of European trademarks, according to REGULATION (EU) 2015/2424, entered into force on 01.10.2017.

Some of the main changes which entered into force are:

1. No requirement for graphical representation of trademarks. It will be replaced by:

An EU trade mark may consist of any signs, in particular, words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:

  • distinguishing the goods or services of one undertaking from those of other undertakings; and
  • being represented on the Register of European Union trade marks, (“the Register”), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.’.

2. Wellcome to the EU certification marks – there was no opportunity for registration of such marks before but no more.  According to REGULATION (EU) 2015/2424:

An EU certification mark shall be an EU trade mark which is described as such when the mark is applied for and is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception of geographical origin, from goods and services which are not so certified.

Any natural or legal person, including institutions, authorities, and bodies governed by public law, may apply for EU certification marks provided that such person does not carry on a business involving the supply of goods or services of the kind certified.

3. Some procedural changes are introduced too. They will affect the way in which registration procedure will happen and the communication with the office.

More information here.

Source: Lexology.