1. The requirement of graphical representation of the trademarks is removed
One of the most significant changes brought about by Regulation No. 2017/1001 concerns the requirements of trade mark representation, respectively “in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded. ”This amendment to the existing rules of representation benefits those seeking to register non-traditional trademarks, such as sound or motion marks because the EUIPO will accept sound and video files as a valid means of representation. Those seeking to register other non-traditional marks, such as smells, are likely to continue to face inherent objections.
2. The introduction of European Union certification mark
Regulation No. 2017/1001 introduces a new EU certification mark that allows certifying institutions to apply for EU-wide certification marks and to submit regulations governing their use. The EU certification mark acts as a quality indicator, while a trade mark acts as an origin indicator that distinguishes the source of goods and services from one undertaking or another. The owner of an EU certification mark will not be a supplier of the goods or services to the market, but instead, the certification owner will serve as the party responsible for certifying and monitoring the qualities or characteristics of the relevant goods or services.
3. Priority claims must be filed together with the EU trade mark application
Applicants seeking to take advantage of the priority system have until two months after filing to submit their priority claim under the current legislation. Starting 1 October, priority claims must be included in the application at the time of filing.
EU Regulation 2017/1001 of the European Parliament and the Council of 14 June 2017 on the European Union trademark was published in the Official Journal of the European Union L 154/1 of 16 June 2017.