EU Trademark Regulation 2017
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The EU Trademark Regulation 2017 is a key piece of legislation that governs the registration and protection of trademarks within the EU. It replaced the previous Community Trademark Regulation (CTMR) and introduced several significant changes to the EU trademark system.
Unitary effect: The regulation introduced the concept of the European Union Trademark (EUTM), which provides a single trademark registration that is valid across all EU member states. This offers a streamlined and cost-effective way for businesses to obtain trademark protection throughout the EU.
Name change: The Community Trademark (CTM) was renamed as the European Union Trademark (EUTM) to reflect the changes in the legal framework.
Application and registration: The regulation introduced a simplified application process for EUTM registrations, allowing applicants to file one application in a single language. It also established the European Union Intellectual Property Office as the central registration authority for EUTMs.
Enhanced protection: The regulation strengthened the protection of EUTMs by providing clearer grounds for refusal, opposition, and cancellation of trademarks. It also introduced new provisions to combat bad faith applications and trademark squatting.
Infringement and enforcement: The regulation clarified the rights and remedies available to trademark owners in cases of infringement, including the ability to seek damages, injunctions, and the seizure of infringing goods.
Procedural changes: The regulation introduced various procedural changes, such as the establishment of a streamlined opposition procedure, the introduction of certification marks, and the inclusion of new provisions for collective marks.
The EU Trademark Regulation 2017 aimed to create a more harmonised and efficient trademark system within the EU, providing businesses with stronger and broader protection for their trademarks across the member states. It facilitated the growth of the internal market and promoted the development of a unified trademark regime that encourages innovation, competition, and consumer trust.
Unitary effect: The regulation introduced the concept of the European Union Trademark (EUTM), which provides a single trademark registration that is valid across all EU member states. This offers a streamlined and cost-effective way for businesses to obtain trademark protection throughout the EU.
Name change: The Community Trademark (CTM) was renamed as the European Union Trademark (EUTM) to reflect the changes in the legal framework.
Application and registration: The regulation introduced a simplified application process for EUTM registrations, allowing applicants to file one application in a single language. It also established the European Union Intellectual Property Office as the central registration authority for EUTMs.
Enhanced protection: The regulation strengthened the protection of EUTMs by providing clearer grounds for refusal, opposition, and cancellation of trademarks. It also introduced new provisions to combat bad faith applications and trademark squatting.
Infringement and enforcement: The regulation clarified the rights and remedies available to trademark owners in cases of infringement, including the ability to seek damages, injunctions, and the seizure of infringing goods.
Procedural changes: The regulation introduced various procedural changes, such as the establishment of a streamlined opposition procedure, the introduction of certification marks, and the inclusion of new provisions for collective marks.
The EU Trademark Regulation 2017 aimed to create a more harmonised and efficient trademark system within the EU, providing businesses with stronger and broader protection for their trademarks across the member states. It facilitated the growth of the internal market and promoted the development of a unified trademark regime that encourages innovation, competition, and consumer trust.
