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brand trademark, European Union Trademark Reforms, INTELLECTUAL PROPERTY STRATEGY, strategic business advice, trademark filling in India

European Union Trademark Reforms

How to reforms laws?

Reform the world is to reform the nation and reform the nation is to reform the laws.

The European Union trademark reform that has been introduced in order to bring a substantial and an important change to the original and unabridged EU trademark system that existed since 1996. The newly amended EU trademark law is referred to as the Regulation (EU) 2015/2424 which was passed in December 2015 and on March 23, 2016 the first part of its regulation came into force. On October 1, 2017 the remaining provisions will come into effect.

This change in the trademark law will bring an important change not only to the community trademarks that allows to obtain with a single application a trademark valid in all the territory of the European Union but also for national trademark owners in the European Union (EU).

Before dealing with what these reforms have in the bag for trademark owners in the EU, we first need to shed some light on the legislation that are behind the whole reform unit. There are two legislation namely, the amended Community Trademark Regulation (Regulation (EU) 2015/2424) which provides for the rules and regulations that are to be compelled with and which came into force on 23 March 2016. The second legislation is the new Trademarks Directive (Directive (EU) 2015/2436) intends to balance the national trademark systems of the EU member state and which came into force on 13th January 2016.

This reform consists of various innovations, including the alteration to the fee structure, criteria concerning the registration of trademarks and the procedural issue as well as alterations relevant to infringement proceedings and custom seizures. The new regulation is applicable to all the EUTM (European Union Trademark) registrations and as a result of this many trademark owners who have their trademark stipulation contain class headings from the nice specifications have to take actions in order to prevent a cutback in their protection.

According to Article 28 EUTMR class headings of the class specifications that are mentioned in the EU trademark specifications will only cover the goods and the services which are covered by the literal meaning of the respective words. Further the EUTMR has also proposed a new European Union certification mark in Article 74a-74k EUTMR and the applications for such marks can only be filled after 1st October 2017. Under this proposal the owner of an EU certification mark will not act as the supplier of the goods and services in the market but will be responsible for certifying and monitoring the qualities of goods of services.

Along with the innovations there are changes such as:

The Community Trademark (CTM) is renamed to the European Trademark (EUTM) and the office for Harmonization in the Internal Market (OHIM) has become the European Union Intellectual Property Office (EUIPO).

Trademark applicants have to no longer represent marks graphically. This change makes it easier for the non-traditional signs such as sound and smell to be registered easily.

The trademarks are followed by a new fee structure and the renewals have indeed become generously cheaper but the trademark applications which are containing 3 or more classes have increased. Further there are concerns that arose with these innovations and changes such as the grounds for refusal and invalidity of the trademark.

 VARIOUS GROUNDS OF EU REFORMS

Absolute grounds for Refusal or Invalidity: Signs which dwell completely of other characteristics of which results from the nature of the goods or is necessary in order to obtain a technical result or give a generous value to the goods, may not be registered. These absolute grounds cannot be affected on evidence of acquired uniqueness and has been drawn out to include ‘other characteristics’ apart from shape.Additional grounds such as designations of origin, geographical indications, and traditional terms for wine, traditional specialties guaranteed and plant varieties have been added for refusal.

Relative grounds for Refusal or Invalidity: The owner of a designation of origin or a geographical indication can depend upon these rights in order to prevent the registration and use of a consecutive trademarks.

Marks with a reputation: This ground has been introduced in order to prevent the registration of the trademark where the goods and services are same. This ground can be based upon a reputation claim, irrespective of the fact whether the goods and services concealed by the inimical applications are similar or dissimilar to the goods or services for which reputation is claimed and where such use would lead to an unfair advantage of or to the modesty of the earlier mark.

Infringement: Using a registered trademark as a trade or company name is a specific infringement.

At the end trademark reforms include some large-scale alterations that will definitely restore and modernize the European Union trademark law and will ensure greater balance in trademark practices and procedures across the European Union. It will strength the rights of the trademark owners while bringing a bright prospective towards the working of it.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

Apply for TM Registration and discuss your brand strategy  and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

Locations: Delhi, Gurgaon, Noida, Mumbai, Banglore

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

 We at Tech Corp International Strategist India(TCIS) provide Trademark services:

Trademark Office Action Responses

We at TCIS,India evaluate your office action after client discussion and understanding his business quotes and let you know if there is a fair chance to get your trademark application approved. If you decide to hire our trademark lawyers / trademark attorneys at TCIS to draft a response to the office action, cost effective flat rates are available.

As experienced trademark attorneys we at TCIS are well versed in responding to office action letters issued by trademark examining attorneys at the Indian Patent Office(IPO) and Indian Trademark Office.

Trademark Monitoring Services

We at TCIS,India also offers trademark monitoring services for OUR  clients. This service is designed to protect the client’s trademark by periodically reviewing the records of the Indian Patent Office(IPO) and Indian Trademark Office, and additional sources, depending on the monitoring service requested, for applications to register, or use of, confusingly similar marks.

Other Services

The firm offers a variety of services, including representation in cancellation and opposition proceedings at the Trademark Trial and Appeal Board. 

CALL NOW FOR YOUR FREE CONSULTATION WITH TRADEMARK ATTORNEY  at 011 6654 4992 OR SEND AN EMAIL TO legal_desk@patentbusinessidea.com

When you contact Trademark attorney at TCIS,India whether by phone or email, you can expect to receive prompt, professional, efficient and courteous service.

Clients of the firm enjoy the following:

  • Free initial trademark consultation with an experienced trademark attorney
  • Review of office actions by an experienced trademark attorney                
  • Trademark attorney personal attention to their matters                                        
  • Firm ideology of involvement that requires “going the extra mile”                      
  • Firm policy to return client phone calls and respond to emails immediately whenever practical                                                                                                  
  • Cost-effective flat rates 

OUR CLIENTS ARE LOCATED THROUGHOUT THE WORLD INDIA,UNITED STATES, AUSTRALIA, CANADA, CHINA, DENMARK, ECUADOR, HONG KONG, MALAYSIA, SINGAPORE, INDIA, ITALY, INDONESIA, SOUTH AFRICA, SOUTH KOREA, SWEDEN, FRANCE, SWITZERLAND,  U.A.E. ,  UK.  

Co Author

Food Strategy | Foodservice Design food culture strategy

Anshika Bhardwaj

Food Law Strategist, Patent Associate at Tech Corp International Strategist *Startup India Expert Tech Corp International Strategist *Startup India Expert

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET"YOUR" TRADEMARK REGISTERED IN TWO- THREE WEEKS

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