Following Anja's call for more participation in MARQUES's Teams, senior representatives from the Office for Harmonisation in the Internal Market (OHIM) were called upon to answer questions concerning implementation of the reforms called for the European trade mark system.

Chaired by Adrian Smith (Simmons & Simmons LLP, U.K. Member of the MARQUES Trade Mark Law & Practice Team), OHIM's Dimitris Botis (Deputy Director, International Cooperation and Legal Affairs Department, OHIM, right) spoke about the legislative and translation issues involved in redrafting, recasting and implementing the complex body of law and practice that governs the grant and administration of the Community trade mark system. 

What is inside the new package? Dimitris explained that it would no longer be possible to file CTMs locally: all would have to be filed in Alicante. Representatives from EEA countries are also being integrated more closely into the system. National search reports remain "as before", being optional both for applicants and for national offices. Disclaimers are being abolished, whether voluntary or ex officio, though existing ones will be allowed to continue. The period for filing third party observations is being extended, and OHIM will be able to reopen examination proceedings any time before registration.

The "graphic representation" requirement for registration is to be abolished, and exclusions relating to shape are being modified and limited. New rules will deal with the description and classification of goods and services, in line with the IP Translator ruling of the Court of Justice of the European Union, and transitional provisions will govern trade marks from before that ruling. Marks registered by an agent without their owner's consent can now be assigned to the owner. Regarding relative grounds of opposition, protected geographical indications and protected designations of origin now have an Article to themselves. As for proof of genuine use, non-use must be proved from the date of registration of the mark, not its publication.

OHIM will itself get a rebrand as the EUIPO -- the European Union Intellectual Property Office -- which is "broad enough to go beyond trade marks and designs" [but not, presumably broad enough to embrace patents, which are in the hands of the European Patent Office, or Community Plant Varieties]. Users must now officially be consulted -- though in practice this has already happened to some extent. Now consultation has a legal basis. 

Overall, said Dimitris, the changes are moderate and are not expected to have a substantial impact on the system. 

Adrian, together with Petra Goldenbaum (CMS Hasche Sigle Partnerschaft von Rechtsanwälten und Steuerberatern mbB, Germany Member of the MARQUES EU Trade Mark Reform Task Force) then asked Dimitris a number of questions, enabling him to amplify some of the points he had previously touch upon. Class headings, descriptions of goods and services and the transitional provisions to govern them were of particular interest: essentially, said Dimitris, the law is already clear enough and people have six months in which to amend their registrations - and it's really up to users to express themselves clearly.