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18 February 2016

March 23, 2016 - Entry into force of the new EUTM Regulations

The long awaited reforms to the European Union trademark system were passed at the end of December 2015. The new CTM Amending Regulation (“Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)” (hereinafter referred to as the “EUReg”) was published on December 24, 2015. The Trademark Directive (EU) 2015/2436 was published on December 23, 2015. The principal changes introduced by the EUReg will enter into force in 90 days from its publication, i.e. on 23 March 2016. The Directive entered into force on January 12, 2016. The EU Member States will have three years to amend their national trademark laws to comply with the majority of the new provisions of the Directive. They will have seven years, however, to implement the administrative revocation and invalidity proceedings before the national trademarks offices. A summary of the principal changes is set forth below.
Change in name for the Office and CTMs The OHIM will now be called the European Union Intellectual Property Office (EUIPO). Community trade marks will now be called European (...)