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Amendments to Trademark Laws

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06-14-2017 (Newsletter Issue 11/17)
European Union Trademarks
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EU Trade Mark Implementing and Delegated Regulations


The secondary legislation package on the European Union trade mark - consisting of a Commission Implementing Regulation laying down detailed rules for certain provisions of Council Regulation (EC) No 207/2009 on the European Union trade mark (Implementing Regulation) and a Commission Delegated Regulation supplementing Council Regulation (EC) No 207/2009 on the European Union trade mark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96 (Delegated Regulation) was adopted by the European Commission on May 18, 2017.

Both texts, in all language versions, are publicly available at the European Commission's Better Regulation Portal using the following links:

Implementing Regulation: Implementing regulations enable the Commission to set conditions that ensure all national governments implement EU laws in the same way. Implementing regulations are directly applicable in all EU countries. Therefore, EU countries do not need to take further steps to incorporate them into their national legislation.

Delegated Regulation: Delegated regulations enable the Commission to supplement or amend non‑essential parts of EU laws. For example, in order to define detailed measures related to a law.
The Commission adopts the delegated regulation and if Parliament and Council have no objections, it enters into force. It then becomes directly applicable in all EU countries.

It is one of the final stages of the European Union trade mark reform. It has to be noted that the official publication of these two acts in the Official Journal of the European Union and their subsequent entry into force are still subject to the European Parliament and/or Council not raising an objection during the scrutiny period.

Source: www.euipo.europa.eu