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Amendments to Trademark Laws

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Jan 31, 2019 (Newsletter Issue 1/19)
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German Trademark Law Changed

The German Patent and Trade Mark Office (DPMA) informed that the Trade Mark Law Modernization Act (MaMoG) entered into force on January 14, 2019. The Act contains revisions whose aim is to mainly transfer the provisions of EU Trade Mark Directive 2015/2436 of 16 December 2015 into German law. Most changes will have an immediate effect, while the changes regarding cancellation proceedings, renamed “revocation or invalidity proceedings” will be effective as of May 1, 2020.

Important changes are the following:

- Requirement of graphical representation of trademarks abandoned
- Certification marks introduced
- New absolute grounds for refusal (Geographical Indications, Designations of Origin, Plant Variety Rights, Traditional Terms for wine and specialities)
- Term of protection and Renewal due date changed
- Reclassification abolished
- Various changes in opposition proceedings
- Registrability of Licenses
- Cancellation proceedings renamed revocation or invalidity proceedings

For more information, please check the DPMA's website and the article of our Country Index partner JONAS Law Firm from Germany

Please note that the amendments have been included and the German survey has been updated thanks to our contributors Klinger & Kollegen and Heissner & Struck Rechtsanwälte, Germany.