IP, IT & Life Sciences

Needs for Change in CEE National Laws to Comply with the Revised EU Trademark Directive

Other authors: Michal Gruca, Denisa Assefova, Peter Devinsky, Andras Nagy, Eva Skufca, Dina Vlahov Buhin, Ventsislav Tomov, Eduard Pavel

The EU trademark law reform brings several substantive and procedural changes for the national laws of EU member states. The table below sets out the needs for change in the Schoenherr EU jurisdictions.


PLCZSKATHUSIHRBGRO
Amend basic registrability requirements by cancelling requirement of graphical representationxxxxxxxxx
Acquired distinctiveness can be shown for date when trademark is challengedxxxxxxx
Goods in transit qualifying as trademark infringementxxxxxxxxx
Labels/packaging to be applied later on goods as trademark infringementxxxxxxxx
Genuine use to be proven for filing/priority date of younger mark challengedxxxxxxxxx
Provide for intervening rights in certain situationsxxxxxxxxx
Recordal of transfers, rights in rem, licenses, etc, also in respect of pending applicationsxxxxxxx
Provide for opposition procedure
Extend bases for opposition to all relative groundsxxxxxx
Provide for administrative cancellation procedure at trademark officexxx

 

The table shows that a number of changes to substantive and procedural trademark laws of CEE member states have to be made within the 36 months period for transposition of the new Directive into national law.