Article Post on 27 July 2017

Codification of the European Trademark Regulation

_ On 14 June 2017, the European Parliament and the Council of the European Union adopted Regulation (EU) 2017/1001 of 14 June 2017 on the European Union Trade Mark.1 This new regulation, published on 20 June 2017, codifies the various amendments to Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.2

The new regulation will repeal Regulation (EC) No 207/2009 and shall apply from 1 October 2017. It provides no substantive amendments to the European trade mark system. However, it is a welcome codification of all amendments made to the Community Trademark Regulation of 2009.

It notably includes the amendments introduced by Regulation (EU) 2015/2424.3 As a reminder, this new regulation introduced, among other things:

  • The notion of the ‘European Union Trademark’ and the ‘European Union Intellectual Property Office’ replacing the ‘Community Trade Mark’ (CTM) and the ‘Office for Harmonization in the Internal Market’ (OHIM), respectively;
  • An amendment of the fee structure by setting up a new ‘one-class-per-fee’ instead of the old option of paying for a ‘class’ for each additional product class applied beyond the third; and
  • The abolition of the requirement that a trade mark should be represented graphically

This new regulation therefore constitutes a very useful tool for all trade mark practitioners.

 

1. Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union Trade Mark (codification), OJ L 154, 16.6.2017, p. 1–99.

2. Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark, OJ L 78, 24.3.2009, p. 1–42.

3. Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community Trade Mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community Trade Mark and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), OJ L 341, 24.12.2015, p. 21–94.

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