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

Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Gift this article