On 23 March 2016 the EUTMR entered into force. This affected the name of the Office for Harmonisation in the Internal Market: "OHIM". OHIM has been called the European Union Intellectual Property Office since 23 March 2016. Likewise, we now speak of a European Union Trademark rather than a Community Trademark.
The Amending Regulation also contains a number of provisions that will apply as of 1 October 2017.
The secondary legislation consists of the Implementing Regulation laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 207/2009 on the European Union Trademark and the Delegated Regulation supplementing Council Regulation (EC) No 207/2009 on the European Union Trademark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96.
From 1 October 2017 there will be three important changes:
Representation of the trademark
Up to now a trademark has to have been capable of being represented graphically. From 1 October this will no longer be a requirement. If a trademark application is submitted on 1 October 2017 or later, the sign can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.
The EU Trademark Implementing Regulation (EUTMIR) lays down rules and requirements for the representation of some of the most popular types of trademark, including some technical requirements, in accordance with the specific nature and attributes of the trademark in question. Marks such as sound marks, motion marks and holograms can be submitted in the form of JPEG, MP3 or MP4 files. Colour marks can be filed by means of a reproduction of the colour and an indication of that colour by reference to a generally recognised colour code. The requirements that stem from case law have been codified.
EU Certification marks
The European Union certification mark is defined as a mark that is "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."
An EU certification mark guarantees specific characteristics of certain goods and services. When submitting the application you must specifically indicate that you are applying for an EU certification mark. They must be accompanied by regulations of use to be submitted within two months from the application date and they need to contain:
- the characteristics of the goods or services to be certified;
- the conditions governing the use of the certification mark; and
- the testing and supervision measures to be applied by the certification mark owner.
An EU certification mark cannot be owned by a person carrying out a business involving the supply of the goods and services of the kind certified. The proprietor is precluded from using the mark for the certified goods or services covered. Secondly the EU certification cannot be filed for the purpose of distinguishing goods or services certified in respect of the geographical origin.
Procedural changes
Finally a number of procedural changes will apply. These will be reflected in the revised Guidelines. Changes relate to issues such as priority claims, acquired distinctiveness claims and online substantiation.
On 23 March 2016 the EUTMR entered into force. This affected the name of the Office for Harmonisation in the Internal Market: "OHIM". OHIM has been called the European Union Intellectual Property Office since 23 March 2016. Likewise, we now speak of a European Union Trademark rather than a Community Trademark.
The Amending Regulation also contains a number of provisions that will apply as of 1 October 2017.
The secondary legislation consists of the Implementing Regulation laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 207/2009 on the European Union Trademark and the Delegated Regulation supplementing Council Regulation (EC) No 207/2009 on the European Union Trademark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96.
From 1 October 2017 there will be three important changes:
Representation of the trademark
Up to now a trademark has to have been capable of being represented graphically. From 1 October this will no longer be a requirement. If a trademark application is submitted on 1 October 2017 or later, the sign can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.
The EU Trademark Implementing Regulation (EUTMIR) lays down rules and requirements for the representation of some of the most popular types of trademark, including some technical requirements, in accordance with the specific nature and attributes of the trademark in question. Marks such as sound marks, motion marks and holograms can be submitted in the form of JPEG, MP3 or MP4 files. Colour marks can be filed by means of a reproduction of the colour and an indication of that colour by reference to a generally recognised colour code. The requirements that stem from case law have been codified.
EU Certification marks
The European Union certification mark is defined as a mark that is "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."
An EU certification mark guarantees specific characteristics of certain goods and services. When submitting the application you must specifically indicate that you are applying for an EU certification mark. They must be accompanied by regulations of use to be submitted within two months from the application date and they need to contain:
- the characteristics of the goods or services to be certified;
- the conditions governing the use of the certification mark; and
- the testing and supervision measures to be applied by the certification mark owner.
An EU certification mark cannot be owned by a person carrying out a business involving the supply of the goods and services of the kind certified. The proprietor is precluded from using the mark for the certified goods or services covered. Secondly the EU certification cannot be filed for the purpose of distinguishing goods or services certified in respect of the geographical origin.
Procedural changes
Finally a number of procedural changes will apply. These will be reflected in the revised Guidelines. Changes relate to issues such as priority claims, acquired distinctiveness claims and online substantiation.