How a revised trade mark law in Europe might look

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

The UK-India trade deal doesn’t mention legal services, showing India has again failed to agree on a move that could help foreign firms and local practitioners
Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
Gift this article