Changes in Legal Regulation of Community Trade Marks

On 23 March 2016 entered into force the Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 that introduces extensive changes in the current legal regulation and the functioning of Community trade marks.

The current term “Community trade mark” was replaced by the term “European Union trade mark” and the “Office for Harmonization in the Internal Market (OHIM)” will be called from now as the “European Union Intellectual Property Office (EUIPO)”.

Furthermore the fee system has changed including the amounts of the fees. The basic fee decreased but it covers up only one class of goods and services (previously it covered up to three classes). Renewal fees are substantially reduced in all instances and set to the same level as application fees.

The Regulation brings also procedural changes, such as the elimination of the possibility of filing EU trade mark applications through national offices.

The Regulation introduces European Union certification marks, a new type of trade mark at EU level. They allow a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign for goods or services complying with the certification requirements.