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Amendments to Trademark Laws

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Okt 05, 2017 (Newsletter Issue 17/17)
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Certification Marks Introduced / No Longer Requirements...

As from October 1, 2017, EUIPO introduced certification marks which are a new kind of trade mark at EU level. EU certification marks relate to the guarantee of specific characteristics of certain goods and services.

It indicates that the goods and services bearing the mark comply with a given standard set out in the regulations of use and controlled under the responsibility of the certification mark owner, irrespective of the identity of the undertaking that actually produces or provides the goods and services at issue and actually uses the certification mark.

However, certification marks cannot be used to indicate the geographical origin of products or services and it cannot be owned by a person carrying out a business involving the supply of the goods and services of the kind certified.
Applicants have to include a statement in their application when applying for a certification mark. Also, within 2 months of the date of the filing the regulations governing the use of the certification mark has to be submitted.

Also, the graphical representation requirement no longer applies when submitting a trademark application as and from October 1, 2017.

Signs 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 result is a 'what you see is what you get' system, which aspires to make the trade mark entries on the EUTM Register clearer, more accessible and easier to search for.

Article 3 of the EU trade mark Implementing Regulation (EUTMIR) lays down specific rules and requirements for the representation of some of the most popular types of trade mark, including some technical requirements, in accordance with the specific nature and attributes of the trade mark in question.

Please check EUIPO’s website on the introduction of certification marks and the lapse of graphical representation requirement for further information. Additional procedural changes which apply as well from October 1, 2017, can be found here