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E-library Intellectual property Forthcoming reform on community trademarks

Forthcoming reform on community trademarks

27 Mar 2013

Community Trademarks: The European Commission proposes easier access and more effective protection

The European Commission has today presented a package of initiatives to make trademark registration systems all over the European Union cheaper, quicker, more reliable and predictable.

The proposed reform would improve conditions for businesses to innovate and to benefit from more effective trade mark protection against counterfeits, including fake goods in transit through the EU's territory.

As regards fees, the Commission is proposing a principle of "one-class-per-fee" that will apply both for Community trademark applications and for national trade mark applications. This will enable any business – particularly the small and mid-businesses  – to apply for trademark protection according to their actual business needs, at a cost that covers those individual needs only. Under the current system, the fee for registering a trademark allows for the registration of up to three product classes.

Under the revised system, a trademark can be registered for only one product class. So at EU level, businesses will pay substantially less when they seek to obtain protection for one class of product only.

In order to foster innovation and growth by making trade mark systems in Europe more accessible and efficient for businesses, the proposed revision would:

  • Streamline and harmonize registration procedures in the EU, taking the Community trademark system as a benchmark;
  • Modernize the existing provisions and increase legal certainty by amending outdated provisions, removing ambiguities, clarifying trademark rights in terms of their scope and limitations and incorporating extensive case law of the Court of Justice;
  • Improve the means to fight against counterfeit goods in transit through the EU’s territory; and

For more information on trade marks, visit the site of the Commission.

Counterfeit goods and seller's implied warranties
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