The trademark law reform project or "Packet Marks" was finally adopted by the European Parliament on 15 December last plenary session. The Directive came into force on January 12, 2016. The main changes introduced by the European Regulation will come into effect within 90 days following the publication, ie March 23, 2016.
This "package Brand" aims to harmonize and modernize the Trademark Law in the European Union, and has as such the recast of the Directive 2008/95 / EC of 22 October 2008 to approximate the laws Member States for the brand as well as the revision of Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.
The adoption of this "package Marks" implies in particular the following changes:
The name of the office and that of the mark for which he is responsible and will evolve. We no longer speak of the Office for Harmonization in the Internal Market (O.H.M.I.) but the Office of the European Union for Intellectual Property (O.U.E.P.I.).
The expression 'Community trade mark' is in turn replaced by "mark of the European Union" (Article I of the Regulation)
The "plot" of the brand is no longer required so that it is now possible to file sound marks or smell marks until then hardly admitted.
The Directive indeed states, in point 13 "A sign should be able to be represented in any suitable form by using the commonly available technology, and thus not necessarily by graphic means, provided that this representation has satisfactory guarantees that purpose. "
The amount and evolution of the brand's registration fees were also revised to allow payment per class, in the stated goal to reduce the registration fee. So far, the amount of deposit was 900 euros for three classes, he spent 800 euros for a class, 900 euros for two and three for 1050. (See Focus taxes)
It will not be possible to register a trademark for labels "all-out". This requirement for clarity and precision becomes a brand validity condition. (See focus denominated)
Regarding the litigation field, opened the possibility of acting in revocation or invalidity of marks to the national offices. Currently, these actions are within the exclusive jurisdiction of the courts.
Article 45 of the Directive stipulates that: "Without prejudice to the parties' right to appeal in the courts, Member States shall provide effective and timely administrative proceedings in their offices to ask for revocation or invalidity of A brand ".
Finally, the customs authorities are strengthened as it is authorized to monitor and seize counterfeit goods in transit. The directive's impact in its paragraph 22: "the trademark owners should be able to prevent the entry of counterfeit products and their placement in all customs situations including, in particular, transit, transhipment, storage, free zones, temporary storage, inward processing and temporary, also when these products are not intended to be placed on the market in the member State concerned '
This article is illustrated with a work for which we received the kind permission of Mr. Cyril DESMET, website: http://www.cyrildesmet.com/
And always with the invaluable collaboration of: http://www.artbookedition.com/