A new Trade Mark system in Europe for 2016

Published onDecember 2015

Last October, we published a detailed dossier regarding the reform of the European Trade Mark system (1).

The information we collected about the proximity of the vote and adoption of the new legislative instruments were correct since the New Directive and the New Regulation were adopted by the European Parliament this mid-December 2015.

Both texts were published in the Official Journal of the European Union and can become fully enforceable, almost.

Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks was published on 23 December 2015 (2).

And, on 24 December2015, was published 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) (3).

Member States have three years to comply with all mandatory provisions of the Directive (4).

The Regulation will enter into force much sooner, on 23 March 2016. The new fee structure for E.U. trademarks will then be in place.

Will 2016 be the year of trademarks?

© INSCRIPTA

(1) See Revision of the European Trade Mark system.

(2) Full text available here.

(3) Full text available here.

(4) Except as regards the new procedure for revocation or declaration of invalidity for which Member States will have up to seven years.