EU Trademarks 2.0

The goal of these changes is to have a more consistent, user-friendly, accessible and modernised trademark system throughout the European Union. As trademark law in the European Union is harmonised, these changes affect not only EU trademark practice, but also the national trademark systems of EU member states.

It first touches on the legislative framework, followed by four crucial points of the amended legislation:

• the dropping of the graphical representation requirement, opening the door for non-traditional trademarks;
• the typical grounds of refusal for three-dimensional (3D) marks, which will apply to all trademarks;
• the new codified rules regarding the specification of goods and services; and
• the consequences of the obligation for national trademark authorities to implement an administrative trademark cancellation proceeding.

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Marlous Stal-Hilders and Bart ten Doeschate - trademark and design attorneys at NLO Shieldmark - address the most important topics from a practical perspective in this chapter. 

Published in IAM Yearbook 2018

This article first appeared in IAM Yearbook, a supplement to IAM, published by Globe Business Media Group - IP Division.