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
Directive 2008/95/EC |
This Directive |
Article 1 |
Article 1 |
— |
Article 2 |
Article 2 |
Article 3 |
Article 3(1)(a) to (h) |
Article 4(1)(a) to (h) |
— |
Article 4(1)(i) to (l) |
Article 3(2)(a) to (c) |
Article 4(3)(a) to (c) |
Article 3(2)(d) |
Article 4(2) |
Article 3(3), first sentence |
Article 4(4), first sentence |
— |
Article 4(4), second sentence |
Article 3(3), second sentence |
Article 4(5) |
Article 3(4) |
— |
Article 4(1) and (2) |
Article 5(1) and (2) |
Article 4(3) and (4)(a) |
Article 5(3)(a) |
— |
Article 5(3)(b) |
— |
Article 5(3)(c) |
Article 4(4)(b) and (c) |
Article 5(4)(a) and (b) |
Article 4(4)(d) to (f) |
— |
Article 4(4)(g) |
Article 5(4)(c) |
Article 4(5) and (6) |
Article 5(5) and (6) |
— |
Article 8 |
Article 5(1), first sentence |
Article 10(1) |
Article 5(1), second sentence, introductory part |
Article 10(2), introductory part of the sentence |
Article 5(1)(a) and (b) |
Article 10(2)(a) and (b) |
Article 5(2) |
Article 10(2)(c) |
Article 5(3)(a) to (c) |
Article 10(3)(a) to (c) |
— |
Article 10(3)(d) |
Article 5(3)(d) |
Article 10(3)(e) |
— |
Article 10(3)(f) |
— |
Article 10(4) |
Article 5(4) and (5) |
Article 10(5) and (6) |
— |
Article 11 |
— |
Article 12 |
— |
Article 13 |
Article 6(1)(a) to (c) |
Article 14(1)(a) to (c), and (2) |
Article 6(2) |
Article 14(3) |
Article 7 |
Article 15 |
Article 8(1) and (2) |
Article 25(1) and (2) |
— |
Article 25(3) to (5) |
Article 9 |
Article 9 |
Article 10(1), first subparagraph |
Article 16(1) |
— |
Article 16(2) to (4) |
Article 10(1), second subparagraph |
Article 16(5) |
Article 10(2) |
Article 16(6) |
Article 10(3) |
— |
Article 11(1) |
Article 46(1) to (3) |
Article 11(2) |
Article 44(1) |
Article 11(3) |
Article 17 |
Article 11(4) |
Articles 17, 44(2) and Article 46(4) |
— |
Article 18 |
Article 12(1), first subparagraph |
Article 19(1) |
Article 12(1), second subparagraph |
Article 19(2) |
Article 12(1), third subparagraph |
Article 19(3) |
Article 12(2) |
Article 20 |
Article 13 |
Article 7 and Article 21 |
Article 14 |
Article 6 |
— |
Articles 22 to 24 |
— |
Article 26 |
— |
Article 27 |
Article 15(1) |
Article 28(1) and (3) |
Article 15(2) |
Article 28(4) |
— |
Article 28(2) and (5) |
— |
Articles 29 to 54(1) |
Article 16 |
Article 54(2) |
Article 17 |
Article 55 |
Article 18 |
Article 56 |
Article 19 |
Article 57 |