Regulation (EU) 2017/1001 on the European Union trade mark

Summary:

Regulation (EU) 2017/1001 - adopted by the European Union on 14 June 2017 - establishing EU-wide rules and conditions for the granting of an EU trade mark (EUTM).

Further information:

The proposal for this Regulation was put forward in the context of the importance given by the European Commission to simplifying and clarifying the EU law so as to make it clearer and more accessible to citizens. This aim cannot be achieved so long as numerous provisions that were amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones.

The purpose of the adopted Regulation is to undertake a codification of Council Regulation (EC) No 207/2009 on the European Union trade mark. This Regulation aims to supersede the various acts incorporated in it and the proposal sought to preserve the content of the acts being codified and did no more than bring them together with only such formal amendments as are required by the codification exercise itself. Where the Articles were given new numbers, the correlation between the old and the new numbers was shown in a table set out in Annex III to the codified Regulation.

The European Commission adopted the proposal on 31 October 2016. It was formally endorsed by the European Parliament in first reading on 27 April 2017, followed by the Council of the European Union on 23 May. It was formally adopted by the European Union on 14 June. It entered into force on 1 October 2017.

• Primary Source

Commentary and Analysis

Wildgen: Article, 27/07/2017: Codification of the European Trademark Regulation https://www.wildgen.lu/our-insights/article/codification-european-trademark-regulation

Keystone Law: News, 27/10/2017: New EU trade mark reforms https://keystonelaw.co.uk/news/new-eu-trade-mark-reforms

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Official

EUR-Lex: COM(2016)702: Proposal for a Regulation on the European Union trade mark (codification) http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:702:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on European Union trade mark (Codification) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2016/0345(OLP)

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