{"id":8898,"date":"2017-08-25T12:12:02","date_gmt":"2017-08-25T12:12:02","guid":{"rendered":"https:\/\/vila.es\/?p=8898"},"modified":"2020-11-25T12:18:58","modified_gmt":"2020-11-25T12:18:58","slug":"the-new-regulatory-provisions-on-the-european-union-trade-mark","status":"publish","type":"post","link":"https:\/\/vila.es\/en\/intellectual-and-industrial-property\/the-new-regulatory-provisions-on-the-european-union-trade-mark\/","title":{"rendered":"THE NEW REGULATORY PROVISIONS ON THE EUROPEAN UNION TRADEMARK"},"content":{"rendered":"

On 23rd<\/sup> March 2016, Regulation No. 2015\/2424 of the European Union came into force introducing amendments on the Community trade mark regulation. This regulation modified among others: the name of the office which was renamed as the European Union Intellectual Property Office; the name of the trade mark, which was renamed as the European Union trade mark; and the fee system for trademarks.<\/p>\n

On the other hand, the regulation contained several provisions that will come into force on the 1st<\/sup> October 2017 which had to be developed by secondary legislation. These provisions were finally developed by the Commission Implementing Regulation (EU) 2017\/1431 laying down detailed rules for implementing certain provisions of the Regulation on the European Union trade mark, and the Delegated Regulation of the Commission (EU) 2017\/1430 supplementing the Regulation on the European Union trademark.<\/p>\n

The main areas of change introduced by both regulations are the following:<\/p>\n

    \n
  1. Graphical representation and types of trade mark<\/li>\n
  2. European Union certification marks<\/li>\n
  3. Procedural changes<\/li>\n<\/ol>\n

    Graphical representation shall cease to<\/u> be required and signs can be represented in any appropriate form using generally available technology, but the representation must be clear, precise, complete, easily accessible, intelligible, durable and objective.<\/p>\n

    The objective of this modification is to increase legal certainty for users and reduce the objection rate due to formalities. In order to do this, article 3 of the implementing regulation establishes different norms and specific requirements for filing the most popular types of trademark, including technical requirements.<\/p>\n

    The following table is a summary of the technical requirements for the most popular types of trademarks:<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
    \n

    Type of Trade Mark<\/p>\n<\/td>\n

    		Is a description needed?<\/td>\n\n

    Required format<\/p>\n<\/td>\n<\/tr>\n

    \n

    Word<\/p>\n<\/td>\n

    		No<\/td>\n\n

    N\/A<\/p>\n<\/td>\n<\/tr>\n

    \n

    Figurative<\/p>\n<\/td>\n

    		No<\/td>\n\n

    JPEG<\/p>\n<\/td>\n<\/tr>\n

    \n

    Shape<\/p>\n<\/td>\n

    		No<\/td>\n\n

    JPEG OBJ STL X3D<\/p>\n<\/td>\n<\/tr>\n

    \n

    Position<\/p>\n<\/td>\n

    		Optional<\/td>\n\n

    JPEG<\/p>\n<\/td>\n<\/tr>\n

    \n

    Pattern<\/p>\n<\/td>\n

    		Optional<\/td>\n\n

    JPEG<\/p>\n<\/td>\n<\/tr>\n

    \n

    Colour (single)<\/p>\n<\/td>\n

    		No<\/td>\n\n

    JPEG<\/p>\n<\/td>\n<\/tr>\n

    \n

    Colour (combination)<\/p>\n<\/td>\n

    		Optional<\/td>\n\n

    JPEG<\/p>\n<\/td>\n<\/tr>\n

    \n

    Sound<\/p>\n<\/td>\n

    		No<\/td>\n\n

    JPEG MP3 (max. 2 Mb)<\/p>\n<\/td>\n<\/tr>\n

    \n

    Motion<\/p>\n<\/td>\n

    		Optional<\/td>\n\n

    JPEG MP4 (max. 20 Mb)<\/p>\n<\/td>\n<\/tr>\n

    \n

    Multimedia<\/p>\n<\/td>\n

    		No<\/td>\n\n

    MP4 (max. 20 Mb)<\/p>\n<\/td>\n<\/tr>\n

    \n

    Hologram<\/p>\n<\/td>\n

    		No<\/td>\n\n

    JPEG MP4 (max. 20 Mb)<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    The new certification marks of the European Union<\/u>, are a new type of mark capable of distinguishing goods or services in respect of material, mode of manufacture of goods or performance of services, quality accuracy or other characteristics.<\/p>\n

    The certification mark indicates that the goods and services comply with a given standard set out in the regulations of use and are controlled under the responsibility of the certification mark owner.<\/p>\n

    Applicants for certification marks have to file the regulations of use of the certification mark, within 2 months of the application, and they should include:<\/p>\n

      \n
    1. The characteristics of the goods or services to be certified;<\/li>\n
    2. The conditions governing the use of the certification mark;<\/li>\n
    3. The testing and supervision measures to be applied by the mark owner.<\/li>\n<\/ol>\n

      On the other hand, the regulation includes a series of limitations that the mark owner will have to comply with:<\/p>\n

        \n
      1. The certification mark owner will not carry out a business activity involving the kind being certified.<\/li>\n
      2. The certification mark cannot be filed for the purpose of distinguishing goods or services regarding its geographical origin.<\/li>\n<\/ol>\n

        Finally, the following are the major changes regarding the procedure for the application<\/u> of the European Union trade mark:<\/p>\n