Geography Reference
In-Depth Information
6.02
The European rules that relate to these categories of trade marks are discussed
in this chapter.
A. EUROPEAN TRADE MARKS LEGISLATION
Both Council Regulation (EC) No 207/2009 of 26 February 2009 on the
Community trade mark
1
('Community Trade Mark Regulation') and Directive
2008/95/EC of the European Parliament and of the Council of 22 October
2008 to approximate the laws of the Member States relating to trade marks
2
('Trade Marks Directive') define as 'signs of which a trade mark may consist'
those signs which 'are capable of distinguishing the goods or services of one
undertaking from those of other undertakings'.
3
6.03
In 2007 the European Council, recalling that the Community trade mark
system had been designed to co-exist with the national trade mark systems and
that more than a decade had passed since the creation of the Community trade
mark, identified the need for an overall assessment of the functioning of the
Community trade mark system.
4
It invited the Commission to start work on
identifying whether the existing instruments of cooperation between OHIM
and national trade mark offices could be intensified and broadened. In its 2008
Small Business Act the Commission pledged to make the Community trade
mark system more accessible to SMEs.
5
The Commission's 2008 Communi-
cation on an Industrial Property Rights Strategy for Europe reiterated its
commitment to an effective and efficient trade mark system and concluded that
an overall evaluation of the trade marks system was appropriate.
6
Finally, in its
2011 IPR strategy for Europe,
7
the Commission announced a review of the
trade mark system in Europe with a view to modernising the system, both at
EU and at national level, by making it more effective, efficient and consistent
overall. The main component of the evaluation was a study that the Max Planck
Institute for Intellectual Property and Competition Law undertook on behalf
of the Commission. The study was carried out between November 2009 and
6.04
1
(OJ 2009 L 78, p. 1) codified and repealed Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).
2
OJ L 299, 8.11.2008, p. 1
3
Art 4, Community Trade Mark Regulation, Art 2, Trade Marks Directive.
4
Competitiveness Council Conclusions of 21 and 22 May 2007, Council document 9427/07.
5
Communication from the Commission '”Think Small First”, A “Small Business Act” for Europe', COM(2008)
394 final of 25 June 2008.
6
COM(2008) 465 final of 16 July 2008.
7
'A Single Market for Intellectual Property Rights: Boosting creativity and innovation to provide economic
growth, high quality jobs and first class products and services in Europe', COM(2011) 287.
