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Amendments to Trademark Laws

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Jul 11, 2017 (Newsletter Issue 13/17)
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Codified Version of EUTM Regulation Published

The Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14, 2017 on the European Union trade mark, codifying Council Regulation (EC) 207/2009 (EUTMR) has been published in the Official Journal of the European Union.

The Regulation (EU) 2017/1001 repeals Regulation (EC) 207/2009, and will apply from October 1, 2017. Secondary legislation adopted on May 18, 2017 in the form of two separate acts, a Delegated Regulation (EUTMDR) and an Implementing Regulation (EUTMIR) will also apply from October 1, 2017.

The changes intend to make the EU trademark system more efficient and consistent and adapt it to the internet era. They concern the following areas:

- Abolition of graphical representation requirement
- Introduction of certification marks
- Requirement to file priority claims together with the EUTM application
- Possibility to invoke acquired distinctiveness as a subsidiary claim
- Alignment of provisions for cancellation proceedings with those for opposition proceedings
- Recognition of online sources for substantiation purposes
- Simplified requirements for translation
- Enhanced acceptance of electronic means of communication by and with the Office
- Introduction of strict formal requirements on structure and presentation of evidence
- Consolidation of provisions relating to the Boards of Appeal

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