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EU trade mark reform: new Trade Mark Directive published in Official Journal
Practical Law Legal Update 4-621-3705 (Approx. 3 pages)
EU trade mark reform: new Trade Mark Directive published in Official Journal
by Practical Law EU
| Published on 23 Dec 2015 • European Union |
On 23 December 2015, Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the member states relating to trade marks, was published in the Official Journal.
On 23 December 2015, Directive (EU) 2015/2436 of the European Parliament (EP) and of the Council of 16 December 2015 to approximate the laws of the member states relating to trade marks, was published in the Official Journal.
Publication in the Official Journal follows the formal second reading adoption of the new Directive by the EP on 15 December 2015 (see Legal update, EU trade mark reform: European Parliament formally adopts trade mark reform package at early second reading).
The European Commission adopted its proposal for a Directive of the EP and of the Council amending Directive 2008/95/EC of the EP and the Council to approximate the laws of the member states relating to trade marks (Trade Mark Directive) along with a proposal for a Regulation of the EP and of the Council amending Council Regulation (EC) 207/2009 on the Community trade mark (Community Trade Mark Regulation) on 27 March 2013 (see Legal update, European Commission publishes proposals for reform of trade mark law). The proposals aim to make trade mark registration in the EU cheaper, quicker, more reliable and predictable. The new Community Trade Mark Regulation was published in the Official Journal on 24 December 2015 (see EU trade mark reform: legislation trackers).
Directive (EU) 2015/2436 repeals Directive 2008/95/EC with effect from 15 January 2019.
Next steps: The deadlines for member states to transpose the provisions of Directive (EU) 2015/2436 into their national laws are:
- Articles 3 to 6, Articles 8 to 14, Articles 16, 17 and 18, Articles 22 to 39, Article 41, Articles 43 to 50 must be transposed by 14 January 2019 .
- Article 45 must be transposed by 14 January 2023.
Directive (EU) 2015/2436 will enter into force on the 20th day following that of its publication in the Official Journal. Articles 1, 7, 15, 19, 20, 21 and 54 to 57 will apply from 15 January 2019.