Brief
description of the notified legal text
These Regulations
contain provisions for the procedures concerning the deposit of trademarks
and designs. The Benelux Convention is being adapted to the European
Trademark Directive (Directive 2015/2436). It is a step in the
harmonization of trademark and design law at European level. Some highlights:
⦁ The requirement for a mark
to be graphic is erased. From now on there is also room for, for example,
sound marks (for example with MP3), hologram etc.
⦁ The grounds for refusal
and therefore the grounds of opposition and cancellation procedures are
expanded and harmonized.
⦁ The requirement for a
clear and precise description of goods and services is codified in accordance
with the IP-Translator judgment (CJEU, C-307/10, June 19, 2012).
⦁ A scheme for registration
of certification marks is adopted.
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