Europe’s brave new trademark regime and how it will affect rights holders
The EU trademark law reform process was finally concluded at the end of 2015, with many of the changes that will affect Community trademarks due to come into force on March 23 2016. But what will the new regime mean for rights holders?
After five years of wrangling, the EU trademark law reform process was concluded on December 24 2015 with the publication of the new EU Trademark Directive (2015/2436) and the final amendments to the EU Trademark Regulation (2015/2424). The new law introduces changes to nomenclature, fees, proceedings and substantive law affecting both Community and national trademarks. Most of the changes affecting Community trademarks are due to come into force on March 23 2016. A number of the new provisions – typically those that require secondary legislation, including the abolition of the requirement for graphic representation of trademarks and the introduction of EU certification marks – will not come into force until October 1 2017. The recast directive that deals with national trademark systems will need to be transposed into the national laws of member states by January 2019 (or 2023 for administrative cancellation proceedings). Member states are free to transpose the directive more quickly than that and it is hoped that many will do so.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.
Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.