New EU trade mark regulation
Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation (the Amending 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.
Entering into force on 1 October 2017
Some parts of the Amending Regulation will only have effect from 1 October 2017. Additionally, the Amending Regulation also provides that the European Commission will pass secondary legislation to further develop its provisions. This will be done by means of two separate acts, a Delegated act and an Implementing act which will both enter into force on 1 October 2017. More information.
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Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark, codifying Council Regulation (EC) 207/2009, has been published in the Official Journal of the European Union...Read more
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 which entered into force on 23 March 2016 have already been reflected in the revised Guidelines.
The amendments to the Regulation entered into force 90 days after their publication in the Official Journal of the European Union, on March 23 2016. 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 (October 1, 2017).
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
Commission publishes evaluation of functioning of the trade mark system in the European Union.
Max Planck study
The Max Planck Institute publishes a study on the functioning of the trade mark system in European Union.
After public consultation and impact assessment, the European Commission issues two legislative proposals (one for the Directive and one for the Regulation).
After passing through the ordinary legislative procedure (including trilogue negotiations between institutions), a political compromise is reached.
24 December 2015
Date of publication of final text, after revision by lawyer-linguists and formal approval by Council and European Parliament plenary.
Entry into force
23 March 2016 (Publication + 90 days)
90 days after publication, the legislation comes into force.
Publication + 21 months
21 months after publication, a number of other technical changes come into force. These changes are contained in articles that need to be developed by secondary legislation.
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Chapter 1: The background to the new Regulation
Chapter 2: Formalities and examination proceedings
Chapter 3: Absolute grounds for refusal
Chapter 4: Goods and services
Chapter 5: Relative grounds for refusal
Chapter 6: Appeals
Chapter 7: Fees
Chapter 8: Changes requiring secondary legislation
Chapter 9: Substantive changes
Webinar - Intermediate level
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 was 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.
The background to the new Regulation
Formalities and examination proceedings
Absolute grounds for refusal
Goods and services
Relative grounds for refusal
Changes requiring secondary legislation