Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 Dece... (32015L2436)
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) (Text with EEA relevance)
- 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)
- (Text with EEA relevance)
- 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
- ANNEX
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