New EU trade mark regulation

We are EUIPO

Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation entered into force on 23 March 2016. The Office is now called the European Union Intellectual Property Office (EUIPO) and the Community trade mark will be called the European Union trade mark.

The Amending Regulation was published on 24 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 (Directive 2008/95/EC of the European Parliament and the Council). On this page you will find: information on the Regulation; links to the texts in 23 languages; latest news; and frequently asked questions.

 
Read the Amending Regulation (available in 23 European Union languages) Show Hide




What changes?

 

Change of name

OHIM logo
EUIPO logo
 

Before 23 March

After 23 March

 

The Amending Regulation brought about changes in three different areas: trade mark fees, technical changes and institutional changes for EUIPO.

 

The contents of this section are for general information and awareness of the EU trade mark regulation. We strongly recommend that all users refer to Regulation (EU) No 2015/2424, available in all EU languages. The changes in the trade mark practice of the Office will be reflected in the revised Guidelines.

 

Timing

The amendments to the Regulation entered into force 90 days after their publication in the Official Journal of the European Union, on March 23. However, some of the provisions of the Amending Regulation will be complemented and developed by secondary legislation, 21 months after the publication date of the Regulation in the Official Journal. These acts will replace the current Community trade mark Implementing Regulation, which will remain in force until then.

The new Directive (2015/2436) entered into force 20 days after its publication in the Official Journal, but the Member States have three years to transpose them into their national law (seven years as regards the provision of an administrative procedure for the cancellation of national marks).

 
 

EU trade mark regulation step-by-step



 
 

Misleading Payments

In the run up to the change of name of the Office, we ask our users to be especially vigilant if they receive unsolicited mail requesting payment for trade mark and design services. Please remember that we never send users invoices or letters requesting direct payment for services. However, some of our users report receiving invoices that contain logos and/or names which are very similar to the Office's current logo and/or name – or, in some cases, which are similar to the new name of the Office. You can find samples of misleading invoices sent to us by our users. If you have any doubts about anything that you receive, please contact us at information@euipo.europa.eu.

 

Other resources

Read the press release Show Hide
 
Videos on the new EU trade mark Regulation Show Hide

Chapter 1: The background to the new Regulation
History of the reform process; the main objectives of the process; timeline of its implementation.

Chapter 2: Formalities and examination proceedings
filing of applications; capacity to file and represent extended to EEA countries; searches and surveillance letters; elimination of disclaimers.

Chapter 3: Absolute grounds for refusal
Abolition of graphic representation requirement; extension of functionality prohibition to "other characteristics", EU legislation on PGIs/PDOs.

Chapter 4: Goods and services
"Clarity and precision," basis for rejection in case of no compliance; transitional 6 month period (IP Translator).

Chapter 5: Relative grounds for refusal
International Registrations; assignment of mark filed in the name of an agent; "intervening rights"; PGIs/PDOs; proof of use period.

Chapter 6: Appeals
Interlocutory revision; Board decisions taking effect; Mediation.

Chapter 7: Fees
Fee structure and levels; application fee; renewal fee; opposition, cancellation and appeal fees.

Chapter 8: Changes requiring secondary legislation
Elimination of the graphic representation requirement; EU Certification marks; the Register and data protection.

Chapter 9: Substantive changes
Exclusive right and limitations; terminology, governance of the Office, cooperation activities, budget.

Webinar - Intermediate level
Questions and Answers on the new EU trade mark Regulation



 

How the Office is preparing

In order to minimise any possible impact of these changes on users, the Office has been preparing for the Amending Regulation for over two years.

Our online form for trade marks has been adapted to reflect the changes brought about by the Regulation. Our main online applications have also been brought up to date, as has our website.

On 23-03-2016, the date of entry into force of the Amending Regulation, an updated version of the Guidelines for Examination entered into force, which reflects the changes introduced by amendments in the Office's trade mark examination practice.

Page last updated 28-10-2016