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ARTICLE · 13 MAY 2013

EU Reforms To Trade Mark Law

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A discussion on the proposals published by the European Commission in relation to the reform of EU trade mark law.

United KingdomIntellectual Property
Sarah Mountain
Sarah Mountain

The European Commission has published proposals to reform EU trade mark law which, if implemented, would amend the Trade Marks Directive (2008/95/EC), the Community Trade Mark Regulation (207/2009/EC) and the Trade Mark Fees Regulation (2869/95/EC).

Whilst the principal aim of the reforms is to resolve inconsistencies between Community and national regimes, the proposals involve some fairly significant legislative changes, as summarised below.  

1. Removal of the requirement to represent marks graphically 

The compulsory requirement for marks to be represented graphically will be removed, since advances in technology mean that marks are now capable of taking other forms. Sound clips were used as a clear example, with 'smell marks' also suggested, albeit raising questions regarding how such marks could be represented with sufficient precision to warrant and permit their registration. 

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