The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Sunday, 7 September 2003


The European Commission proposed abolishing the costly and unnecessary requirement for Community trade mark (CTM) applicants to conduct national prior art searches as part of the CTM application process under Article 39 of the Community Trade Mark Regulation (Regulation 40/94). Some national governments however want to keep the Article 39 searches since, though they serve no useful purpose, they are a useful source of income.

UNICE (the Union of Industrial and Employers' Confederations of Europe), AIM (the European Brands Association) and MARQUES (the Association of European Trade Mark Owners) have already registered their full support for the Commission's proposal to amend the Community Trade Mark Regulation (CTMR) by abolishing the search system under Article 39. In a statement issued yesterday the three organisations propose that, if abolition cannot be achieved, the Article 39 searches should at least be made optional.

Says the IPKat: "Trade mark owners have an interest in the protection of their national as well as their pan-European interests. If they are convinced that national searches are not for their benefit, it would be good to hear from those governments which purport to speak for them to explain why they think the opposite is true".

Twenty manifestations of bureaucracy here
Trade mark searchers here
Other Searchers here

No comments:

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':