Trade Marks Directive (2015)

Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Text with EEA relevance)

 

Preamble

 

Chapter 1 - General Provisions

 

Article 1 - Scope

 

Article 2 - Definitions

 

 

Chapter 2 - Substantive Law on Trade Marks

 

Section 1 - Signs of which a trade mark may consist

 

Article 3 - Signs of which a trade mark may consist

 

 

Section 2 - Grounds for refusal or invalidity

 

Article 4 - Absolute grounds for refusal or invalidity

 

Article 5 - Relative grounds for refusal or invalidity

 

Article 6 - Establishment a posteriori of invalidity or revocation of a trade mark

 

Article 7 - Grounds for refusal or invalidity relating to only some of the goods or services

 

Article 8 - Lack of distinctive character or of reputation of an earlier trade mark precluding a declaration of invalidity of a registered trade mark

 

Article 9 - Preclusion of a declaration of invalidity due to acquiescence

 

 

Section 3 - Rights conferred and limitations

 

Article 10 - Rights conferred by a trade mark

 

Article 11 - The right to prohibit preparatory acts in relation to the use of packaging or other means

 

Article 12 - Reproduction of trade marks in dictionaries

 

Article 13 - Prohibition of the use of a trade mark registered in the name of an agent or representative

 

Article 14 - Limitation of the effects of a trade mark

 

Article 15 - Exhaustion of the rights conferred by a trade mark

 

Article 16 - Use of trade marks

 

Article 17 - Non-use as defence in infringement proceedings

 

Article 18 - Intervening right of the proprietor of a later registered trade mark as defence in infringement proceedings

 

 

Section 4 - Revocation of trade mark rights

 

Article 19 - Absence of genuine use as ground for revocation

 

Article 20 - Trade mark having become generic or misleading indication as grounds for revocation

 

Article 21 - Revocation relating to only some of the goods or services

 

 

Section 5 - Trade marks as objects of property

 

Article 22 - Transfer of registered trade marks

 

Article 23 - Rights in rem

 

Article 24 - Levy of execution

 

Article 25 - Licensing

 

Article 26 - Applications for a trade mark as an object of property

 

 

Section 6 - Guarantee or certification marks and collective marks

 

Article 27 - Definitions

 

Article 28 - Guarantee or certification marks

 

Article 29 - Collective marks

 

Article 30 - Regulations governing use of a collective mark

 

Article 31 - Refusal of an application

 

Article 32 - Use of collective marks

 

Article 33 - Amendments to the regulations governing use of a collective mark

 

Article 34 - Persons entitled to bring an action for infringement

 

Article 35 - Additional grounds for revocation

 

Article 36 - Additional grounds for invalidity

 

 

Chapter 3 - Procedures

 

Section 1 - Application and registration

 

Article 37 - Application requirements

 

Article 38 - Date of filing

 

Article 39 - Designation and classification of goods and services

 

Article 40 - Observations by third parties

 

Article 41 - Division of applications and registrations

 

Article 42 - Class fees

 

 

Section 2 - Procedures for opposition, revocation and invalidity

 

Article 43 - Opposition procedure

 

Article 44 - Non-use as defence in opposition proceedings

 

Article 45 - Procedure for revocation or declaration of invalidity

 

Article 46 - Non-use as a defence in proceedings seeking a declaration of invalidity

 

Article 47 - Consequences of revocation and invalidity

 

 

Section 3 - Duration and renewal of registration

 

Article 48 - Duration of registration

 

Article 49 - Renewal

 

 

Section 4 - Communication with the office

 

Article 50 - Communication with the office

 

 

Chapter 4 - Administrative Cooperation

 

Article 51 - Cooperation in the area of trade mark registration and administration

 

Article 52 - Cooperation in other areas

 

 

Chapter 5 - Final Provisions

 

Article 53 - Data protection

 

Article 54 - Transposition

 

Article 55 - Repeal

 

Article 56 - Entry into force

 

Article 57 - Adressees

 

 

Annex (see below)

 

 

Disclaimer

Text in force at 06-01-2019. The text can be verified at Eur-lex.