EU Trademark Reform – Amending Regulation to enter into force in March 2016

EU Trademark Reform – Amending Regulation to enter into force in March 2016

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Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trademark regulation will enter into force on the 23rd March 2016. Upon its entry into force, OHIM will be re-named the ‘European Union Intellectual Property Office’ (EUIPO) and the Community trademark will be called the ‘European Union trademark’.

Official fees will also be revised, including an overall reduction in their amounts, particularly in the case of trademark renewal fees.

OHIM will be re-named the ‘European Union Intellectual Property Office’ (EUIPO) and the Community trademark will be called the ‘European Union trademark’

The Amending Regulation was published on the 24th December 2015 and is part of the EU trade mark reform legislative package that also includes the replacement of the existing EU Trade Mark Directive.

Whilst acknowledging that the main principles of the current system have stood the test of time, the Amending Regulation seeks to build on its success by modernising and adapting its provisions to the internet era. Accordingly, the Regulation is primarily geared towards:

  • streamlining proceedings and increasing legal certainty;
  • clearly defining the IP Office’s tasks including the framework for cooperation and convergence of practices between the EU IP Office and the industrial property offices of the Member States;
  • revising the fees payable to the Office, including an overall reduction in their amounts, particularly significant in the case of renewals, and the adoption of a one-class-per-fee system.

Since its constitution back in 1996, OHIM has processed more than 1.3 million Community trade mark applications from nearly every country and region in the world.

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