Related Documents
Background Documents
MARQUES Observations

EU Trademark Reform Task Force

Following developments, keeping members updated, liaising with the Commission, Council and Parliament as well as other stakeholders and drawing up MARQUES observations in connection with the on-going work in relation to the Reform.

MARQUES is keeping this EU TM Reform mini-site running as a resource for those who wish to study the process of the Reform.

The Reform was started when the European Commission launched the Tender in July 2009 and the Max Planck Institute was awarded the contract in November 2009. The Commission launched its proposal for revision of the Directive and the Regulation in March 2013. After negotiations between the three parties in the Trilogue – the Council, the Parliament and the Commission – a political agreement was reached in April 2015. The new Directive and Regulation were published on 23 December and 25 December 2015 respectively.

The Regulation entered into force on 23 March 2016, and OHIM changed its name to EUIPO on that date. On 1 October 2017, other changes will be introduced, including the EU certification marks and the removal of the graphical representation requirement.

In May 2017, the Commission adopted the secondary legislation package on the EU trademark consisting of the Implementing Regulation and the Delegated Regulation. The acts cover a wide range of diverse topics such as revocation of a decision or entry in the Registry, abolition of the certification requirement for seniority claims, conversion, suspension of the proceedings, appointment of a common representative and authorisations, translations, as well as substantial: representation of the trade mark, indication of the colours, colour marks. The European Trademark Team followed the development of these acts to ensure appropriate representation of brand owners’ interests.

The Implementing Regulation, the Delegated Regulation as well as the Codified version of the EU Trademark Regulation are applicable from 1 October 2017.

Member States have 3 years (January 2019) to transpose the Directive into their national laws, except for the administrative invalidation and revocation procedures where the Member States have 7 years (January 2023).

At the 2010 Winter Meeting in Nice the MARQUES Council created an Ad Hoc Task Force, aimed at following developments, liaising with the Commission, Council and Parliament as well as other stakeholders and drawing up MARQUES observations in connection with the on-going work in relation to the Reform. In 2016 following the entry into force of the Regulation, the Task Force had finished its work and was dissolved.

For more information of the work of the Task Force, please see the MARQUES Observations tab. All other documents published during the Reform process, including the previous Directive and Regulation, can be found under the Background Documents tab.

MARQUES expresses its gratitude to the members of the EU Trade Mark Task Force:
  • Ms. Jane Collins, past Chairman of MARQUES – Syngenta, Switzerland (formerly)
  • Ms. Cristina Duch, MARQUES Unfair Competition Team - Baker & Mackenzie, Spain
  • Ms. Petra Goldenbaum, MARQUES European Trade Mark Team - CMS Hasche Sigle, Germany
  • Ms. Tove Graulund, Chair of the EU Trademark Reform Task Force, MARQUES life member - Graulund Consulting, Denmark
  • Mr. Jochen Hoehfeld, MARQUES International Trade Mark Team - KSNH Patentanwälte Klunker.Schmitt-Nilson.Hirsch, Germany
  • Mr. Till Lampel, MARQUES Unfair Competition Team - Harmsen Utescher, Germany
  • Mr. Ian Lowe, MARQUES Anti-Counterfeiting & Parallel Trade Team - Nabarro LLP, UK
  • Mr. Miguel Angel Medina, MARQUES Geographical Indications Team - Elzaburu, Spain
  • Ms. Sarah Bailey, MARQUES Regulatory Team - Simmons & Simmons, France
  • Ms. Alessandra Romeo, MARQUES External Relations Officer
  • Mr. David Stone, MARQUES Designs Team - Simmons & Simmons, UK
  • Ms. Emma Stopford, MARQUES Council - BAT, UK
  • Mr Knud Wallberg, MARQUES Council - Wallberg IP Advice, Denmark
  • Mr Robert Guthrie, MARQUES European Trade Mark Team – Osborne Clarke, U K