IP, IT & Life Sciences
Needs for Change in CEE National Laws to Comply with the Revised EU Trademark Directive
→ Christian Schumacher
Other authors: Michal Gruca, Denisa Assefova, Peter Devinsky, Andras Nagy, Eva Skufca, Dina Vlahov Buhin, Ventsislav Tomov, Eduard PavelThe 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.
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.
| PL | CZ | SK | AT | HU | SI | HR | BG | RO | |
|---|---|---|---|---|---|---|---|---|---|
| Amend basic registrability requirements by cancelling requirement of graphical representation | x | x | x | x | x | x | x | x | x |
| Acquired distinctiveness can be shown for date when trademark is challenged | x | x | x | x | x | x | x | ||
| Goods in transit qualifying as trademark infringement | x | x | x | x | x | x | x | x | x |
| Labels/packaging to be applied later on goods as trademark infringement | x | x | x | x | x | x | x | x | |
| Genuine use to be proven for filing/priority date of younger mark challenged | x | x | x | x | x | x | x | x | x |
| Provide for intervening rights in certain situations | x | x | x | x | x | x | x | x | x |
| Recordal of transfers, rights in rem, licenses, etc, also in respect of pending applications | x | x | x | x | x | x | x | ||
| Provide for opposition procedure | |||||||||
| Extend bases for opposition to all relative grounds | x | x | x | x | x | x | |||
| Provide for administrative cancellation procedure at trademark office | x | x | x |
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.