Official publication of the new trade mark reform package and next steps…

Following the adoption of the new reform package of EU trade mark laws, we can now confirm that on 23 and 24 December 2015 respectively, the new Trade Mark Directive (EU) (2015/2436) and the amended Trade Mark Regulation (EU) No 2015/2424 were published here and here in the Official Journal of the EU.

Further to our post on 17 December 2015 here following the adoption of the new reform package of EU trade mark laws, we can now confirm that on 23 and 24 December 2015 respectively, the new Trade Mark Directive (EU) (2015/2436) and the amended Trade Mark Regulation (EU) No 2015/2424 were published here and here in the Official Journal of the EU.

What does this mean practically?

Trade Mark Directive

Directive (EU) 2015/2436 will repeal Directive 2008/95/EC with effect from 15 January 2019.

Member States will have 3 years to implement the rules incorporated in the new Trade Marks Directive into national law (7 years to implement the invalidity/ revocation procedure at their trade mark offices) as follows:

• Articles 3 to 6, Articles 8 to 14, Articles 16, 17 and 18, Articles 22 to 39, Article 41, Articles 43 to 50 must be transposed by 14 January 2019.
• Article 45 (procedure for revocation or declaration of invalidity) must be transposed by 14 January 2023.

The Directive will enter into force on the 20th day following the publication in the Official Journal. Articles 1, 7, 15, 19, 20, 21 and 54 to 57 shall apply from 15 January 2019.

Trade Mark Regulation

The new Trade Mark Regulation will enter into force on 23 March 2016 (90 days from its publication in the Official Journal), so from that day, the Office for Harmonisation in the Internal Market (OHIM) will be called the European Union Intellectual Property Office (EUIPO) and the Community Trade Mark will be called the European Union Trade Mark.

As we also previously highlighted in our detailed article on the changes, there will be a new fee structure in place (new one-fee-per-class system for trade mark applications and renewals and an overall reduction in trade mark application and renewal fees payable). On 23 March 2016, all the Office’s online tools and services (e.g. forms and fee calculator) will be fully updated to reflect the changes in the revised fee structure.

We shall continue to report on further progress.