The process of radical changes in the EUIPO system is having its peak from October 1 on. In fact, the second part of the Amending Regulation of the European Union trade mark will come into force then.
The ambitions of the Legislator are to make the system and the practice more efficient and modernized.
Below the most relevant amendments that will have an undisputed impact in the daily life of EU practitioners ultimately being beneficial to EU trade mark owners and trade mark seekers.
1) What You See Is What You Get
One of the leading principles of the new practice will be the so called by the EUIPO “WYSIWYG”, namely, What You See Is What You Get. As a result, the graphical representation is no longer required so broadening the access to registration to additional “unconventional trade marks”. Instead, it will be sufficient that trade marks for which registration is sought be represented in any manners that enable the competent authorities and the public to identify the clear and precise subject matter of the protection;
2) European Certification trade mark
The EU, along with other jurisdictions, is now allowing “Certification Marks”. In particular, Certification Marks function as an indicator of the quality of goods instead of serving as a mere indicator of a business source. As a result, the trade mark owner – a certifying institution or organization - will allow others to use the certification mark provided that they comply with specific requirements. Apart from the certification trade mark owners, such a type of trade mark will be valuable for the consumers, now, enabled to acquire an assurance of a certain quality/characteristic of the product purchased.
3) Directive on EU national Offices
As known, the process of modernization also involves the new Directive on harmonization of EU national Offices. Most importantly, the Directive urges that, before 2023, the national offices implement the invalidation actions as administrative proceedings. This is startling news for countries like Italy, France and many others where invalidation actions are now accessible only through Court proceedings and hopefully it will allow more confidence in relation to these proceedings.