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Amendments to Trademark Laws

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Sep 05, 2017 (Newsletter Issue 15/17)
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Decision Concerning Communication by Fax

On August 16, 2017, EUIPO has published Decision No EX-17-4 to set out the accepted means of electronic communication with the Office including an Annex with technical requirements, size and formats for attachments to electronic filing and communication.
The Decision takes into account the legislative reform changes applying from October 1, 2017, and the changing communications landscape, in particular on the use of fax.

From October 1, 2017, fax falls within the definition of communication by electronic means.

From January 1, 2018, fax will no longer be accepted for filing EUTM applications or renewals except as a backup system if technical malfunctions prevent e-filing.

Further, as of October 1, 2017, applications for trademarks where the representation has a colour component (including figurative marks) cannot be filed by fax because there are no legal provisions that facilitate the subsequent filing of a representation in colour.

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