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The new October 1, 2017 European Trademark Regulations

CHAPTER III - NEW PROCEDURES FROM OCTOBER 1, 2017 ONWARDS

The new October 1, 2017 European Trademark Regulations III

If you wish to find your way in here, the best site to consult is the EUIPO site, précising all new details in – for the time being – five languages (English, French, German, Italian and Spanish).

It is highly recommended to use the online guidelines for your application, as the form is simple, user-friendly and avoids lacking information. Apart from that the online-application is cheaper than other (classical) ways of applying.

Fax transmission could be excluded in future by the executive director of the EUIPO, the secondary legislation on the subject seems to indicate procedure in favor of e-filing exclusively.

The EUIPO recognizes all information in the national and regional EU-IP databases as well, which allows cancellation applicants or opponents to simply refer to the references included in those sources.

Opposition and cancellation procedures are now aligned, and admissibility requirements have been adjusted to the new ground on geographic indications, the whole is presented in a more readable way.

Some other essential changes concern the deadlines for filing supplementary claims or information: priority claims are to be transmitted at the same time as the application itself, and supplementary documentation must be provided for within three months from the filing date.

As procedural changes are substantial, the EUIPO guidelines are to read through to secure your application if you don’t use a counsel for the application of your EU Trademark.