Home › Other › EU Trade Mark Directive

EU Trade Mark Directive In force since 15 January 2019

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 (recast)
32015L2436 · official text on EUR-Lex

Articles

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 — Addressees