4 September 2017 – EUIPO  - EU trade mark reform package – Ready for October 1st?

The graphical representation requirement will no longer apply when submitting a EU trade mark application as and from 1 October 2017: what you see is what you get!

No description is compulsory for filing any type of trade mark, rather electronic formats are required for the representation of trade marks, such as jpeg for figurative, position, colour and hologram trade marks, as well as mp3 for sound trade marks and mp4 for motion (video) and hologram trade marks.

Also, certification marks will be accepted, i.e. marks which are capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception of geographical origin, from goods and services which are not so certified.

Certification marks will indicate that the goods/services bearing the mark comply with a given standard set out in the regulations of use and controlled under the responsibility of the certification mark owner.To this end, the owner must file regulations of use of the certification mark containing the characteristics of the goods/services to be certified, the conditions governing the use of the certification mark, and the testing and supervision measures to be applied by the certification mark owner.

A certification mark cannot be owned by a person carrying out a business involving the supply of the goods/services of the kind certified: the owner can not even use the mark for the certified goods/services covered. – see EUIPO information