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European Union Trade Mark Regulation and Community Design Regulation

A Commentary

02/04/2019

Regulation No. 2017/1001

Since the release of the first edition of this commentary, quite a few important changes have taken place in the realm of EU trade mark law. Most of the reforms proposed in 2013 have now matured into law. By way of Regulation 2015/2424 of 16 December 2015, the CTMR was comprehensively amended and the regulation on the fees payable to the Office repealed. All in all, the reform of the former framework brought about more than 145 amendments. These changes have been codified by Regulation 2017/1001 of 14 June 2017. Needless to say, all changes of a material, procedural or mere terminological nature are commented in detail in the respective context of this profoundly revised second edition.

Regulation No. G/2002

The Community design is well-established in modern commercial life. More than 900,000 Community designs have meanwhile been registered, and a sheer immeasurable number of unregistered Community designs have come into being. Unlike in the field of EU trade mark law, there have been no reforms or fundamental changes in the realm of Community design law in recent years. Nonetheless, it is safe to say that it was high time for a comprehensive update, as there has been a deluge of decisions handed down by the EUIPO, the GC, the CJ and the Community design courts since the release of the first edition in spring 2015. Furthermore, the Office‘s guidelines have been significantly revised. In addition, various amendments were recommended as a result of the design study published in June 2016. All of these aspects are commented in detail in the respective context of this profoundly revised second edition.

THE BENEFITS AT ONE GLANCE:

  • systematic article-by-article commentary on the EUTMR and the CDR
  • commentary on measures and remedies under the Enforcement Directive (2004/48/EC)
  • analysis of the assertion of EUTM rights and Community design rights out of court as well as in litigation in summary and main proceedings in all EU Member States

The editor

Dr Gordian N Hasselblatt is a partner at CMS Hasche Sigle, Cologne, adjunct Professor at McGeorge School of Law, Sacramento/ California for International Intellectual Property Law and visiting Professor at the Chicago-Kent College of Law for International Design Law. The authors are renowned experts from the EUIPO, universities and law firms from all over the EU.

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Authors

Tom Heremans
Partner
Brussels