Key Reforms to European Union Trade Mark Law

Important changes to European Union trade mark law take effect later this month.

The end of 2015 saw an important conclusion to long-standing work on reforming the European Union trade mark system. This culminated in two landmarks being reached. A new EU Trade Mark Directive (Directive (EU) 2015/2436) was published in the Official Journal of the European Union on 23 December 2015. The following day, a new EU Trade Mark Regulation (Regulation (EU) 2015/2424), amending the existing EU Trade Mark Regulation (Regulation 207/2009/EC), was published in the Official Journal of the European Union.

Member States have three years in which to adapt their national laws to reflect the provisions of the Directive. The majority of the changes to the existing EU Trade Mark Regulation will, however, take effect on 23 March 2016.

Summary

The 2015 Trade Mark Directive

Published in the Official Journal on 23 December 2015 and came into force 20 days later. Repeals the 2008 Trade Mark Directive from 15 January 2019. Member States have three years to amend their national laws to comply with the new Directive. Member states, however, have seven years, i.e. until 15 January 2023, to establish administrative procedures for revocation and invalidity proceedings. The 2015 Amending EU Trade Mark Regulation

Published in the Official Journal on 24 December 2015 and enters into force on 23 March 2016. Some changes will take effect on 24 September 2017. Aims of The Reform

The EU trade mark reform package is aimed at modernising, harmonising and simplifying EU trade mark law.

Although the new legislation maintains the dual system of national and EU trade marks, its aim is to strike a level of consistency between the treatment of national and EU trade marks. EU trade mark law is also being modernised with the hope of making the trade mark registration system more accessible. It is hoped that improving accessibility will encourage innovation and economic growth. The average cost of EU trade marks will fall as will the average time to register an EU trade mark.

Key Changes and their Effects at European Union level

The following are some of the more notable changes and their effects:

European Union Trade Marks: Trade marks currently registered in the EU are called Community Trade Marks (CTMs). They will become known as European Union Trade Marks (EUTMs). European Union Intellectual Property Office (EUIPO): This new body will replace the Office for Harmonisation in the Internal...