Changes by EU trademark regulation from 01 October 2017
New forms of Trademarks
Until now only entries of a trademark application with a written-graphic representation were possible. This requirement is now being expanded, since the compelling graphical representation has been abolished and extended to a presentation using any available technologies. It is only required that the presentation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.
Implementing Regulation 2017/1431 includes which new trademark types are possible in particular: holograms and multimedia, motion, musical sequences and noises, position marks and movement marks (created by changing the position). The new regulation dispenses with technical specifications, common and popular formats such as JPEG, X3D, MP3 or MP4 are possible without problems; further formats will be added based on the development of technology in the future. It is possible and sufficient that the "reproduction of the mark" can be done by means of an electronic link.
Union certification trademarks
Another section of the EU trademark regulation concerns the Union certification trademark. Certification mark means that the goods and services under one trade mark fulfill a certain standard, which is laid down in the respective trademark rules and whose compliance is guaranteed by a third party - e.g. an association which grants permission to use.
The prerequisite for the registration of a certification trademark is that the applicant shall submit, within two months after the date of filing, a statute of the certification trademark, which shall read as follows:
- the characteristics of the goods or services, such as the material, the way in which the goods are manufactured or the services rendered, quality or accuracy
- the conditions for the use of the certification trademark, including possible sanctions
- the persons entitled to use the certification trademark
- the measures for testing and monitoring by the owner of the