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 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 acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
A former Freshfields counsel and an ex-IBM counsel, who have joined forces at law firm Caldwell, say clients are increasingly sophisticated in their IP demands
Gift this article