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Trade Marks including Community Trade Mark

Revision of the trade mark system

27.03.2013

Revision proposals – Community trade mark Regulation and Trade mark Directive

The Commission adopted proposals for a revision of the Regulation on the Community trade mark and for a recast of the Directive approximating the laws of the Member States relating to trade marks. The package of initiatives aims at upgrading, streamlining and modernising the current legislation in order to make the trade mark registration systems all over the Union more accessible and efficient for businesses in terms of lower costs and complexity, increased speed, greater predictability and legal security.

Studies

Study on the trade mark system in Europe

08.03.2011

Study on the Overall Functioning of the European Trade Mark Systempdf Choose translations of the previous link  presented by the Max Planck Institute for Intellectual Property and Competition Law

Notice:
This study, by the Max Planck Institute, is a contribution to European Commission’s overall evaluation of the functioning of the trade mark system in Europe. The results of this external study do not prejudge any proposals which the Commission may make on the basis of its overall analysis of the European trade mark system and on the basis of an impact assessment of different conceivable options of legislative or non legislative nature.
Legal disclaimer:
The sole responsibility for the content of this study, including the interpretations and opinions contained therein, lies with the authors. It does not represent the official position of the European Commission. The latter is not responsible for any use that may be made of the information contained therein.
16.10.2009  

The contract for the Study on the trade mark system in Europe has been awarded to the Max Planck Institute for Intellectual Property, Competition and Tax Law.

More information can be found at the website of the Max Planck Institute:

22.07.2009

The European Commission has published a call for tender for a study on the overall functioning of the trade mark system in Europe MARKT/2009/12/D.

The time limit for receipt of tenders expired on 04.09.2009. Detailed information on the study can be found in the invitation to tender:

Legislation

31.03.2009Trade mark protection in the EU gets much cheaper and easier to obtain Choose translations of the previous link 
17.10.2005Trade mark protection in the EU gets cheaper Choose translations of the previous link 
14.10.2005Commission Regulation (EC) no. 1687/2005 amending Regulation (EC) no. 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) with regard to adapting certain fees
(Official Journal L271/14 of 15.10.2005)
29.06.2005Commission Regulation (EC) 1042/2005 amending Regulation (EC) no. 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance)
 Commission Regulation (EC) 1041/2005 amending Regulation (EC) no. 2868/95 implementing Council Regulation (EC) no. 40/94 on the Community trade mark (Text with EEA relevance)
09.12.2004Information regarding the date from which Article 1(34) and (35) of Council Regulation (EC) 422/2004 amending Regulation (EC) 40/94 on the Community trade mark shall apply
(Official Journal L 362 of 9.12.2004, p 16)
06.12.2004  Commission Regulation (EC) 2082/2004 amending Regulation (EC) 216/96 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)
(Official Journal L360 of 7.12.2004, p 8)
26.04.2004Commission Regulation (EC) no. 781/2004 amending Commission Regulation (EC) no. 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)
(Official Journal L 123, 27/04/2004, p. 85 (5 May 2004))
 Commission Regulation (EC) no. 782/2004 amending Regulation (EC) no. 2868/95 the accession of the European Community to the Madrid Protocol (Text with EEA relevance)
(Official Journal L 123, 27/04/2004, p. 88 (5 May 2004))
19.02.2004Council Regulation (EC) no. 422/2004 amending Regulation (EC) no. 40/94 on the Community trade mark
Official Journal L 070 , 09/03/2004 P. 0001 - 0007 (17 March 2004)
28.10.2003International trademarks: Key step towards Community joining the Madrid Protocol on international trademarks
  • Press release Français
  • Council Regulation (EC) no. 1992/2003 of 27 October 2003 amending Regulation (EC) no. 40/94 on the Community trade mark to give effect to the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration of marks adopted at Madrid on 27 June 1989
  • Council Decision of 27 October 2003 approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989
  • Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989
26.07.1996Commission proposes to link EC with WIPO international system Choose translations of the previous link 
20.12.1993Council Regulation (EC) no. 40/94 on the Community trade mark
21.12.1988First Council Directive 89/104/EEC to approximate the laws of the Member States relating to trade marks

Other documents

22.12.2006Communication from the Commission to the European Parliament and the Council - The financial perspectives of the Office for harmonisation in the Internal Market (trade marks and design), COM(2006)865
21.06.2004EC joins international trademark treaty Choose translations of the previous link 
21.05.2003Commission Staff Working Paper - Possible abuses of trade mark rights within the EU in the context of Community exhaustionpdf Choose translations of the previous link 
27.12.2002Communication from the Commission to the Council - The examination of the functioning of the manner of representation as laid down in Article 89 of the Council Regulation (EC) no. 40/94 of 20 December 1993, COM(2002) 766 final English
 Communication from the Commission to the Council - Report on the operation of the system of searches resulting from Article 39 of the Community Trade Mark Regulation
26.04.2001Seminar of Internal Market and Consumer Affairs Ministers, Lund 27-28 April - parallel imports and prices Choose translations of the previous link 
07.06.2000Communiqué from Commissioner Bolkestein on the issue of exhaustion of trade mark rightspdf Choose translations of the previous link 
09.12.1999Exhaustion of Trade Mark Rights - Working document from the Commission Servicespdf Choose translations of the previous link 
30.04.1999Exhaustion of trademark rights: Commission organises meetings with Member States and interested partiespdf Choose translations of the previous link 
25.02.1999  Trade Mark exhaustion - Study on the economic consequences of alternative regimes
10/1998Special Sectoral Reportpdf Choose translations of the previous link