We´ve added guides to European Union Trade Mark procedures to our existing jurisdictional guides on trademark Opposition, Invalidity and Revocation. Who can file such proceedings, where and when? Can proceedings be avoided through amicable settlement? We cover these issues and more taking into account changes which came into effect on 1 October 2017 as a result of the second wave of the Legislative
The new European Union Trade Mark Regulation (“EUTMR”) comes into force tomorrow and represents the most significant change in European trade mark law in the last 20 years. Rather than setting out all provisions in full, the text of the new EUTMR only sets out the provisions of the previous regulation that have been amended,
In our previous post we mentioned that the renewal fee situation for EUTMs was no longer clear, and that we considered the approach put forward by OHIM in its draft guidelines to be incorrect. We are pleased to report that the situation has now been clarified. OHIM has today published a President’s Communication confirming that:
In our previous post we mentioned that brand owners should consider deferring renewals of EUTMs until after the introduction of the new EUTM Regulation where possible to save money. Unfortunately, the renewal fee situation is no longer clear. The new Regulation will enter into force on 23 March 2016. However, OHIM has issued draft guidelines
Today, the European Commission published the new Trade Marks Directive (governing national trade marks across the EU) and the new Community Trade Mark Regulation (governing EU wide trade marks) in the EU Official Journal (L 341). These texts aim to make EU trade mark law fit for the challenges of business in the 21st Century.
Yesterday the European Parliament approved the biggest change in European trademark law in the last 20 years. Comprising a new Trade Marks Directive (governing national trade marks across the EU) and a new Community Trade Mark Regulation (governing EU wide trade marks), it aims to make EU trade mark law fit for the challenges of
The Court of Justice of the European Union (“CJEU”) clarified in a landmark judgment that if reputation of an earlier CTM is established in one EU country, image transfer and extended protection are possible in another, provided that a commercially significant part of the relevant public there is familiar with the trade mark. OHIM gave