A new package of reforms presented by the European Commission for ensuring easier access and more effective protection of trade mark registration in the EU
A package of initiatives has been presented on 27 March, 2013 by the European Commission, which aims to make trade mark registration systems all over the European Union cheaper, quicker, more reliable, practicable, easier and effective.
The three initiatives contained in the proposed package of reforms are as follows:
1. Recast of the 1989 Directive (now codified as 2008/95/EC) with regards to approximation the laws of the Member States relating to trade marks;
2. Revision of the 1994 Regulation (now codified as 207/2009/EC) on the Community trade mark; and
3. Revision of the 1995 Commission Regulation (2869/95) on the fees payable to the Office for Harmonization in the Internal Market (OHIM). The Regulation is expected to be adopted by the end of the year.
Top advantages and considerations of the proposed reform:
1. Contribution to improved conditions for business innovation;
2. Contribution to more efficient trade mark protection;
3. “One-class-per-fee” principle, which will be applicable for community trade mark applications and national trade mark applications.
4. Harmonization of registration procedures, where the Community trade mark system will be considered as a benchmark;
5. Modernize the existing provisions by amending the outdated provisions, removing ambiguities as well as including extensive case law of the Court of Justice.
