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ARTICLE · 06 OCTOBER 2017

Working With The New EU Trade Mark Regulation

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On October 1st new amendments to the EU Trade Mark Regulation (EUTM Regulation), Implementing Regulation (EUTMIR) and Delegated Regulation (EUTMDR) come into effect across all member states.

European UnionIntellectual Property
Michael Barrett
Michael Barrett
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On October 1st new amendments to the EU Trade Mark Regulation (EUTM Regulation), Implementing Regulation (EUTMIR) and Delegated Regulation (EUTMDR) come into effect across all member states.

Going forward, graphical representation of a mark will no longer be a requirement for EUTM applications. Representation can be in 'any appropriate form' provided it is 'clear, precise, self-contained, easily accessible, intelligible, durable and objective.'  It will now be possible for non-traditional marks such as sound or motion marks to be submitted by audio and video (for example, MP3 or MP4) files. A description is no longer mandatory, although it is optional for certain types of mark. Colour marks are to be represented by submitting a reproduction of the colour and reference to a colour code is now obligatory. Furthermore, whereas currently priority claims can be made within three months of filing of an application, from October priority may only be claimed at the time of

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