From today, new rules governing
trade marks in the EU take effect that will improve conditions for businesses
to innovate and to benefit from more effective trade mark protection against
counterfeits, including non-authentic goods in transit through the EU's
territory.
The reforms are also aimed at making trade mark
registration systems throughout the EU more accessible and efficient for
businesses in terms of lower costs and complexity, increased speed, greater
predictability and legal certainty.
What are trade marks?
Trade marks or 'brands' are signs used to
distinguish the goods and services of one company from those of another. They
take the form of words, logos, devices or other distinctive features. Trade
marks not only identify the origin of goods and services, but also guarantee
consistent quality, as well as being a basis for publicity and advertising.
A trade mark can become one of a company's most
important assets. It is the mark through which a business can attract and
retain customer loyalty, and create value and growth.
Cheaper and faster registration
Trade marks can be registered either at national
level, at the industrial property offices of EU countries, or at EU level as an
EU trade mark. A new framework of cooperation between the EU and national
registry offices will ensure greater convergence of practices and standards.
The registration process is also being streamlined
and harmonised across all EU Member States in order to remove burdensome
procedures, making it both cheaper and faster.
Reduced renewal fees and increased legal
certainty
Renewal fees for EU trade marks will be cut by up
to 37%, and trade mark owners, with the assistance of customs authorities, will
be given the authority to seize counterfeit goods transiting through the EU.
This will also safeguard the public against unlawful and potentially harmful
goods.
Changes to the legislation governing trade marks
(for example, through harmonised rules on the designation of goods and services
for which trade mark protection is granted) will increase legal certainty and
clarity for businesses looking to register and enforce their trade mark rights
in Europe.
The convergence of trade mark practices and
processes throughout the EU will also create a more robust and streamlined
system fit for the digital age.
A new EU Intellectual Property Office
The EU Intellectual Property Office (EUIPO) will
replace the former Office for Harmonization in the Internal Market (OHIM)
located in Alicante, Spain, and the EU trade mark will be the new name for the
Community Trade Mark.
The reforms will also modernize the definition of
trade marks to make it easier to register special signs that cannot be
represented graphically (such as sounds) since their representation will be
accepted in any appropriate form using generally available technology (e.g.
electronic file format).
Economic impact of trade mark-intensive
industries
According to a joint study
by the OHIM and the European Patent Office (EPO) in 2013, almost 21%
of all jobs in the EU (around 45.5 million Europeans) during the 2008 to 2010
period were created by trade mark-intensive industries. Over the same period,
trade mark industries are shown to have generated almost 34% of total economic
activity (GDP) in the EU, worth €4.16 trillion.
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