How a revised trade mark law in Europe might look

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

How a revised trade mark law in Europe might look

European Commission officials might be behind schedule when it comes to publishing their proposals to update the EU’s trade mark rules, but a group of academics has produced an at-a-glance guide to how they believe the law should be changed

Three years ago the Commission asked the Max Planck Institute to study how the EU trade mark functions. The Institute’s report was published early last year. The Commission was expected to issue its proposals to update the Trade marks Directive and CTM Regulation in October 2011, but that timetable has now slipped.

Commission official Kerstin Jorna said earlier this year that her team was spending time on the drafting stage of the process to ensure that the final proposals are adopted quickly. But Managing IP understands that part of the delay may be due to events overtaking the drafting process. One example is the so-called IP Translator issue. The Commission’s proposals were expected to resolve questions about the way IP offices in Europe treat class headings in trade mark applications, but OHIM has since led efforts by national offices to harmonise their approaches.

Now the Max Planck Institute has published its own synopses of the Trade Mark Directive and the CTM Regulation, setting out the law and how it should be changed, clause by clause.

more from across site and SHARED ros bottom lb

More from across our site

IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Gift this article