We remind that on March 23, 2016, the new EU Trade Mark Regulation 2015/2424 came into force, implying significant changes to the current legislation in this field. A number of these changes will come into force on October 1, 2017. The key ones are:
The cancellation of the “graphical representation” requirement. The current procedure for the registration of a trademark implies its mandatory presentation in a graphic form. On October 1, the trade mark can be represented in any form, provided that it is clear, self-contained, intelligible and objective. Thus, the applicant will have more opportunities to register such non-traditional types of trade marks as holograms, moving objects, smells, sounds, etc. The guidance of the EUIPO as to the formats of representation are provided at its official website: www.euipo.europa.eu
The possibility of applying for EU Certification Marks. This mark is a guarantee of compliance with a specific standard and it is defined as being “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.”
In addition, the Regulation implies a number of procedural changes introduced in the EUIPO guidelines. It is expected that the innovations will contribute to the increase in the number of submitted applications.
We remind that on March 23, 2016, the new EU Trade Mark Regulation 2015/2424 came into force, implying significant changes to the current legislation in this field. A number of these changes will come into force on October 1, 2017. The key ones are: