Alicante News #3 for this year. The European Union Intellectual Property Office (EUIPO) has released its latest issue of the “Alicante News”. This time’s focus: The Second phase of legislative changes that will come into force from 1 October 2017. After the first wave of changes on 23 March 2016, the second one will start one and half a years later.
Second phase of legislative changes: 1 October 2017
On 23 March 2016, the first wave of changes brought about by the entry into force of Regulation (EU) 2015/2424 (the Amending Regulation) came into force. However, some parts of the Amending Regulation will only apply 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 apply from 1 October 2017. On 1 October, the graphical representation requirement for EUTMs will be removed. From that date, EUTMs 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. Ahead of the entry into force of this change, the Office will provide users with information on the various media and formats that are considered to comply with the new provision.
On 1 October 2017, a new type of intellectual property right at EU level will be introduced – the EU certification mark. Certification marks already exist in some national systems and are used to allow a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign that goods or services comply with the certification requirements.
A certification mark will cost EU 1 800, or EUR 1 500 if applied for online. Other changes include: priority claims will have to be filed together with an application, not subsequently; new streamlined and modern procedural rules in oppositions, cancellations and appeals including substantiation online and rules on belated evidence; the possibility of assigning to the proprietor an EUTM registered without justification in the name of an agent; a codification of the existing practice of suspending surrenders of an EUTM that are made while a revocation action is pending.
Horizontal changes include: a single provision on suspensions applicable to all proceedings; new rules on means of communication; simplified translation requirements; rules on how annexes to submissions must be structured; a new time limit for revocation of decisions and entries in the Register; continuation of proceedings will applicable to deadlines previously excluded (in particular in opposition proceedings) as well as other changes. On 2 May, the Office will publish its draft Guidelines which take account of the second phase of the legislative changes for comments from users, with a definitive set of Guidelines to be published on 1 October.
The second phase of implementation of Regulation 2015/2424 and secondary legislation is being implemented by the Office in a manner that ensures that any impact on users is minimised. The Office will update the dedicated web section on the legislative changes to keep users informed ahead of the entry into force.
February-Statistics: Less Union Trademark Applications, everything else is growing
Overview: Topics in Alicante News March 2017
- Second phase of legislative changes: 1 October 2017
- James Nurton Interviews Yann Basire
- European Cooperation working groups meet at EUIPO
- Closure of EU-ASEAN project on protection of IP rights
- Statistical Highlights March 2017
- EUIPO at INTA 2017
- IP Case Law Laboratory
- IP for Paralegals
- Luxembourg trade mark and design news
- New decisions from the Boards of Appeal
About Alicante News
ALICANTE NEWS is edited by EUIPO and published on the first working day of every month. The aim is to provide up-to-date information on EUIPO-related matters, as well as on other general IP issues, to the users of the European Union trade mark and design registration systems.
The EUTM and RCD sections publish articles produced by EUIPO’s Knowledge Circles and analyse the latest issues relating to trade mark and design case law. The Case Law section gives a monthly rundown of cases brought before the Courts in Luxembourg and the Boards of Appeal.
Source: EUIPO Press Release