New Community Trademark Regulation. Most relevant changes
On 24 December 2015 the Community Trademark Regulation (EU) No. 2015/2424 and a new Trademark Directive was published, modifying the trademark system in Europe. The new regulation will come into force on 23rd March 2016, although not all changes will have an impact on this date.
The most significant changes are:
1. The CTM will be called European Union Trademark, and the Office will be renamed as European Union Intellectual Property Office (EUIPO) .
2. The new trademark applications should not be represented graphically, favoring the registration of non-traditional marks. So, from now brands must register with the Office in the form that allows consumers and authorities to determine what is protected by the applicant.
3. The application fees of the new EU Trademarks include only one class of goods or services. Additional fees for each additional class will need to be paid.
4. Counterfeits in transit in the EU involves a violation of the rights of trademark owners. Currently, goods in transit, in general, did not involve a violation of trademark rights.
5. A new brand concept is created, guarantee marks, which may be used by authorized entities, in order to certify consumers that the products and / or services claimed have certain characteristics. In Spain already exist.
6. The use of a trademark by a third party without the consent of the owner, as a trade name or trade name of the company is an infringement of use of the trademark.
7. With regard to evidence of use, unlike the legally established so far, the defendant may request the owner of the earlier mark (minimum of five years of registration) to prove the use of its brands at the beginning of the procedure trademark infringement.
8. As is currently the case with CTM, national industrial property offices should create appropriate mechanisms to oppose or initiate actions for invalidation and cancellation trademarks administratively, thus avoiding having to go to Court, consequently facilitating these actions.
9. The process of registration of trademarks, including dates of application and standards for classifying products and services, will be harmonized throughout the European Union. 6 months will be granted to registered owners to verify that the list of registered products and services correspond to their current activity trademarks.
10. May be used in the context of comparative advertising, the European Union Trademark or the national trademark of a third party, provided they respect Directive 2006/114 concerning misleading and comparative advertising.
Sugrañes, S.L. (hereinafter Sugrañes)
C/ Provenza, 304
08008 Barcelona (Spain)
Tel. +34 93 215 19 17
Fax: +34 93 215 37 23
Register Company data: Companies Registry in Barcelona – sheet 4.144, document 45, volume 2.762, book 206, section 3.
Tax ID number: B08410383
SUGRAÑES holds rights over the domain name www.sugranes.com and all Intellectual and Industrial Property content displayed on the Website (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structures and designs, the selection of materials used and the computer programs needed to operate, access or use them, etc.).
Under the Intellectual Property Law, total or partial reproduction, distribution or public communication of the contents displayed on this website, which includes making the same available, in any medium, by any means, is strictly prohibited without the prior and express consent of SUGRAÑES. As a USER of the present website, you agree to respect the Intellectual and Industrial Property rights held by SUGRAÑES. The information and contents found on this website is merely informative and does not constitute the provision of technical or legal advice in the various professional fields covered by SUGRAÑES.
The materials and contents found on this website may be updated according to modifications made to the law and case law. We therefore ask that you contact SUGRAÑES professionals directly, in order to ensure that said materials and contents reflect the current state of affairs.
SUGRAÑES shall not be held liable for any errors or omissions in the website content and assumes no liability for any viruses or system failures.
SUGRAÑES reserves the right to make any changes deemed necessary on the website without prior notice. It may change, delete or add both contents and services provided throughout the site and the way in which they are presented or located on the website without prior notice.
DATA PROTECTION POLICY
Sugrañes S.L., owner of the domain www.sugranes.com, as data controller, guarantees an adequate and consistent level of protection of individuals regarding your personal data, which are processed by the company, in accordance with the General Data Protection Regulation (2016/679).
In order to comply with the General Data Protection Regulations, Sugrañes S.L. has compiled a Register of processing activities and has adopted the security measures appropriate to the risks objectively assessed and identified for the rights and entitlements of the persons concerned, to which the processing carried out by our company may give rise.
Below you will find additional and extended information on specific handling activities carried out by Sugrañes S.L. through its website:
ADDITIONAL INFORMATION ON DATA PROTECTION
Identity: Sugrañes S.L
Tax Code: B08410383
Mailing address: c/Provença 304 08008 Barcelona
Purpose of data handling and retention: In Sugrañes S.L. we process the information provided by people interested in our products in order to offer products and services according to their interests and information about them. The data obtained will be kept for the time required to comply with your request.
Legitimation for the handling of data: The legal grounds for the processing of your data is the consent to the sending of the contact form, requesting information about our brands.
Recipients of your data: Your data shall not be disclosed to third parties.
Rights of the interested parties: At all times, the holders of the data processed by Sugrañes S.L have the right to access their data, modify it, oppose the processing thereof or delete them if they believe that they are not necessary for the purposes for which they were collected. In addition, if they so wish, they can request the portability of their data and limitation of their data, in which case we shall only retain them in order to exercise or defend claims. Likewise, they may withdraw the consent given at any time.
In order to exercise these rights, they can contact Sugrañes S.L by email at firstname.lastname@example.org. Similarly, if they are not satisfied by the response to the exercise of their rights, they may file a claim before the Spanish Data Protection Agency through their website at www.aepd.es.