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Document 02015L2436-20151223
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)
Consolidated text: 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)
02015L2436 — EN — 23.12.2015 — 000.002
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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) (OJ L 336 23.12.2015, p. 1) |
Corrected by:
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
This Directive applies to every trade mark in respect of goods or services which is the subject of registration or of an application for registration in a Member State as an individual trade mark, a guarantee or certification mark or a collective mark, or which is the subject of a registration or an application for registration in the Benelux Office for Intellectual Property or of an international registration having effect in a Member State.
Article 2
Definitions
For the purpose of this Directive, the following definitions apply:
‘office’ means the central industrial property office of the Member State or the Benelux Office for Intellectual Property, entrusted with the registration of trade marks;
‘register’ means the register of trade marks kept by an office.
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
A trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
distinguishing the goods or services of one undertaking from those of other undertakings; and
being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
SECTION 2
Grounds for refusal or invalidity
Article 4
Absolute grounds for refusal or invalidity
The following shall not be registered or, if registered, shall be liable to be declared invalid:
signs which cannot constitute a trade mark;
trade marks which are devoid of any distinctive character;
trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;
trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;
signs which consist exclusively of:
the shape, or another characteristic, which results from the nature of the goods themselves;
the shape, or another characteristic, of goods which is necessary to obtain a technical result;
the shape, or another characteristic, which gives substantial value to the goods;
trade marks which are contrary to public policy or to accepted principles of morality;
trade marks which are of such a nature as to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service;
trade marks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6ter of the Paris Convention;
trade marks which are excluded from registration pursuant to Union legislation or the national law of the Member State concerned, or to international agreements to which the Union or the Member State concerned is party, providing for protection of designations of origin and geographical indications;
trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional terms for wine;
trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed;
trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or the national law of the Member State concerned, or international agreements to which the Union or the Member State concerned is party, providing protection for plant variety rights, and which are in respect of plant varieties of the same or closely related species.
Any Member State may provide that a trade mark is not to be registered or, if registered, is liable to be declared invalid where and to the extent that:
the use of that trade mark may be prohibited pursuant to provisions of law other than trade mark law of the Member State concerned or of the Union;
the trade mark includes a sign of high symbolic value, in particular a religious symbol;
the trade mark includes badges, emblems and escutcheons other than those covered by Article 6ter of the Paris Convention and which are of public interest, unless the consent of the competent authority to their registration has been given in conformity with the law of the Member State.
Article 5
Relative grounds for refusal or invalidity
A trade mark shall not be registered or, if registered, shall be liable to be declared invalid where:
it is identical with an earlier trade mark, and the goods or services for which the trade mark is applied for or is registered are identical with the goods or services for which the earlier trade mark is protected;
because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association with the earlier trade mark.
‘Earlier trade marks’ within the meaning of paragraph 1 means:
trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks:
EU trade marks;
trade marks registered in the Member State concerned or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;
trade marks registered under international arrangements which have effect in the Member State concerned;
EU trade marks which validly claim seniority, in accordance with Regulation (EC) No 207/2009, of a trade mark referred to in points (a)(ii) and (iii), even when the latter trade mark has been surrendered or allowed to lapse;
applications for the trade marks referred to in points (a) and (b), subject to their registration;
trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in the Member State concerned, in the sense in which the words ‘well-known’ are used in Article 6bis of the Paris Convention.
Furthermore, a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where:
it is identical with, or similar to, an earlier trade mark irrespective of whether the goods or services for which it is applied or registered are identical with, similar to or not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in the Member State in respect of which registration is applied for or in which the trade mark is registered or, in the case of an EU trade mark, has a reputation in the Union and the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark;
an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor's authorisation, unless the agent or representative justifies his action;
and to the extent that, pursuant to Union legislation or the law of the Member State concerned providing for protection of designations of origin and geographical indications:
an application for a designation of origin or a geographical indication had already been submitted in accordance with Union legislation or the law of the Member State concerned prior to the date of application for registration of the trade mark or the date of the priority claimed for the application, subject to its subsequent registration;
that designation of origin or geographical indication confers on the person authorised under the relevant law to exercise the rights arising therefrom the right to prohibit the use of a subsequent trade mark.
Any Member State may provide that a trade mark is not to be registered or, if registered, is liable to be declared invalid where, and to the extent that:
rights to a non-registered trade mark or to another sign used in the course of trade were acquired prior to the date of application for registration of the subsequent trade mark, or the date of the priority claimed for the application for registration of the subsequent trade mark, and that non-registered trade mark or other sign confers on its proprietor the right to prohibit the use of a subsequent trade mark;
the use of the trade mark may be prohibited by virtue of an earlier right, other than the rights referred to in paragraph 2 and point (a) of this paragraph, and in particular:
a right to a name;
a right of personal portrayal;
a copyright;
an industrial property right;
the trade mark is liable to be confused with an earlier trade mark protected abroad, provided that, at the date of the application, the applicant was acting in bad faith.
Article 6
Establishment a posteriori of invalidity or revocation of a trade mark
Where the seniority of a national trade mark or of a trade mark registered under international arrangements having effect in the Member State, which has been surrendered or allowed to lapse, is claimed for an EU trade mark, the invalidity or revocation of the trade mark providing the basis for the seniority claim may be established a posteriori, provided that the invalidity or revocation could have been declared at the time the mark was surrendered or allowed to lapse. In such a case, the seniority shall cease to produce its effects.
Article 7
Grounds for refusal or invalidity relating to only some of the goods or services
Where grounds for refusal of registration or for invalidity of a trade mark exist in respect of only some of the goods or services for which that trade mark has been applied or registered, refusal of registration or invalidity shall cover those goods or services only.
Article 8
Lack of distinctive character or of reputation of an earlier trade mark precluding a declaration of invalidity of a registered trade mark
An application for a declaration of invalidity on the basis of an earlier trade mark shall not succeed at the date of application for invalidation if it would not have been successful at the filing date or the priority date of the later trade mark for any of the following reasons:
the earlier trade mark, liable to be declared invalid pursuant to Article 4(1)(b), (c) or (d), had not yet acquired a distinctive character as referred to in Article 4(4);
the application for a declaration of invalidity is based on Article 5(1)(b) and the earlier trade mark had not yet become sufficiently distinctive to support a finding of likelihood of confusion within the meaning of Article 5(1)(b);
the application for a declaration of invalidity is based on Article 5(3)(a) and the earlier trade mark had not yet acquired a reputation within the meaning of Article 5(3)(a).
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
Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the registered trade mark, the proprietor of that registered trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade, in relation to goods or services, any sign where:
the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered;
the sign is identical with, or similar to, the trade mark and is used in relation to goods or services which are identical with, or similar to, the goods or services for which the trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark;
the sign is identical with, or similar to, the trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar to, or not similar to, those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
The following, in particular, may be prohibited under paragraph 2:
affixing the sign to the goods or to the packaging thereof;
offering the goods or putting them on the market, or stocking them for those purposes, under the sign, or offering or supplying services thereunder;
importing or exporting the goods under the sign;
using the sign as a trade or company name or part of a trade or company name;
using the sign on business papers and in advertising;
using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC.
The entitlement of the trade mark proprietor pursuant to the first subparagraph shall lapse if, during the proceedings to determine whether the registered trade mark has been infringed, initiated in accordance with Regulation (EU) No 608/2013, evidence is provided by the declarant or the holder of the goods that the proprietor of the registered trade mark is not entitled to prohibit the placing of the goods on the market in the country of final destination.
Article 11
The right to prohibit preparatory acts in relation to the use of packaging or other means
Where the risk exists that the packaging, labels, tags, security or authenticity features or devices, or any other means to which the trade mark is affixed, could be used in relation to goods or services and that use would constitute an infringement of the rights of the proprietor of a trade mark under Article 10(2) and (3), the proprietor of that trade mark shall have the right to prohibit the following acts if carried out in the course of trade:
affixing a sign identical with, or similar to, the trade mark on packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark may be affixed;
offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark is affixed.
Article 12
Reproduction of trade marks in dictionaries
If the reproduction of a trade mark in a dictionary, encyclopaedia or similar reference work, in print or electronic form, gives the impression that it constitutes the generic name of the goods or services for which the trade mark is registered, the publisher of the work shall, at the request of the proprietor of the trade mark, ensure that the reproduction of the trade mark is, without delay, and in the case of works in printed form at the latest in the next edition of the publication, accompanied by an indication that it is a registered trade mark.
Article 13
Prohibition of the use of a trade mark registered in the name of an agent or representative
Where a trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's consent, the latter shall be entitled to do either or both of the following:
oppose the use of the trade mark by his agent or representative;
demand the assignment of the trade mark in his favour.
Article 14
Limitation of the effects of a trade mark
A trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:
the name or address of the third party, where that third party is a natural person;
signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;
the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of the trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts.
Article 15
Exhaustion of the rights conferred by a trade mark
Article 16
Use of trade marks
The following shall also constitute use within the meaning of paragraph 1:
use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor;
affixing of the trade mark to goods or to the packaging thereof in the Member State concerned solely for export purposes.
Article 17
Non-use as defence in infringement proceedings
The proprietor of a trade mark shall be entitled to prohibit the use of a sign only to the extent that the proprietor's rights are not liable to be revoked pursuant to Article 19 at the time the infringement action is brought. If the defendant so requests, the proprietor of the trade mark shall furnish proof that, during the five-year period preceding the date of bringing the action, the trade mark has been put to genuine use as provided in Article 16 in connection with the goods or services in respect of which it is registered and which are cited as justification for the action, or that there are proper reasons for non-use, provided that the registration procedure of the trade mark has at the date of bringing the action been completed for not less than five years.
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
A trade mark shall be liable to revocation if, after the date on which it was registered:
as a result of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered;
as a result of the use made of it by the proprietor of the trade mark or with the proprietor's consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.
Article 21
Revocation relating to only some of the goods or services
Where grounds for revocation of a trade mark exist in respect of only some of the goods or services for which that trade mark has been registered, revocation shall cover those goods or services only.
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
The proprietor of a trade mark may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in his licensing contract with regard to:
its duration;
the form covered by the registration in which the trade mark may be used;
the scope of the goods or services for which the licence is granted;
the territory in which the trade mark may be affixed; or
the quality of the goods manufactured or of the services provided by the licensee.
Article 26
Applications for a trade mark as an object of property
Articles 22 to 25 shall apply to applications for trade marks.
SECTION 6
Guarantee or certification marks and collective marks
Article 27
Definitions
For the purposes of this Directive, the following definitions apply:
‘guarantee or certification mark’ means a trade mark which is described as such when the mark is applied for and is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from goods and services which are not so certified;
‘collective mark’ means a trade mark which is described as such when the mark is applied for and is capable of distinguishing the goods or services of the members of an association which is the proprietor of the mark from the goods or services of other undertakings.
Article 28
Guarantee or certification marks
Member States may provide that a guarantee or certification mark is not to be registered unless the applicant is competent to certify the goods or services for which the mark is to be registered.
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
The requirements of Article 16 shall be satisfied where genuine use of a collective mark in accordance with that Article is made by any person who has authority to use it.
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
In addition to the grounds for revocation provided for in Articles 19 and 20, the rights of the proprietor of a collective mark shall be revoked on the following grounds:
the proprietor does not take reasonable steps to prevent the mark being used in a manner that is incompatible with the conditions of use laid down in the regulations governing use, including any amendments thereto mentioned in the register;
the manner in which the mark has been used by authorised persons has caused it to become liable to mislead the public in the manner referred to in Article 31(2);
an amendment to the regulations governing use of the mark has been mentioned in the register in breach of Article 33(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of that Article.
Article 36
Additional grounds for invalidity
In addition to the grounds for invalidity provided for in Article 4, where appropriate with the exception of Article 4(1)(c) concerning signs or indications which may serve, in trade, to designate the geographical origin of the goods or services, and Article 5, a collective mark which is registered in breach of Article 31 shall be declared invalid unless the proprietor of the mark, by amending the regulations governing use, complies with the requirements of Article 31.
CHAPTER 3
PROCEDURES
SECTION 1
Application and registration
Article 37
Application requirements
An application for registration of a trade mark shall contain at least all of the following:
a request for registration;
information identifying the applicant;
a list of the goods or services in respect of which the registration is requested;
a representation of the trade mark, which satisfies the requirements set out in point (b) of Article 3.
Article 38
Date of filing
Article 39
Designation and classification of goods and services
Article 40
Observations by third parties
Persons and groups or bodies, as referred to in the first subparagraph, shall not be parties to the proceedings before the office.
Article 41
Division of applications and registrations
The applicant or proprietor may divide a national trade mark application or registration into two or more separate applications or registrations by sending a declaration to the office and indicating for each divisional application or registration the goods or services covered by the original application or registration which are to be covered by the divisional applications or registrations.
Article 42
Class fees
Member States may provide that the application and renewal of a trade mark is to be subject to an additional fee for each class of goods and services beyond the first class.
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
The administrative procedure for invalidity shall provide that the trade mark is to be declared invalid at least on the following grounds:
the trade mark should not have been registered because it does not comply with the requirements provided for in Article 4;
the trade mark should not have been registered because of the existence of an earlier right within the meaning of Article 5(1) to (3).
The administrative procedure shall provide that at least the following are to be entitled to file an application for revocation or for a declaration of invalidity:
in the case of paragraph 2 and paragraph 3(a), any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, and which, under the terms of the law governing it, has the capacity to sue in its own name and to be sued;
in the case of paragraph 3(b) of this Article, the proprietor of an earlier trade mark as referred to in Article 5(2) and Article 5(3)(a), and the person authorised under the relevant law to exercise the rights arising from a protected designation of origin or geographical indication as referred to in Article 5(3)(c).
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
Parties to the proceedings or, where appointed, their representatives, shall designate an official address for all official communication with the office. Member States shall have the right to require that such an official address be situated in the European Economic Area.
CHAPTER 4
ADMINISTRATIVE COOPERATION
Article 51
Cooperation in the area of trade mark registration and administration
The offices shall be free to cooperate effectively with each other and with the European Union Intellectual Property Office in order to promote convergence of practices and tools in relation to the examination and registration of trade marks.
Article 52
Cooperation in other areas
The offices shall be free to cooperate effectively with each other and with the European Union Intellectual Property Office in all areas of their activities other than those referred to in Article 51 which are of relevance for the protection of trade marks in the Union.
CHAPTER 5
FINAL PROVISIONS
Article 53
Data protection
The processing of any personal data carried out in the Member States in the framework of this Directive shall be subject to national law implementing Directive 95/46/EC.
Article 54
Transposition
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Article 55
Repeal
Directive 2008/95/EC is repealed with effect from 15 January 2019, without prejudice to the obligations of the Member States relating to the time limit for the transposition into national law of Directive 89/104/EEC set out in Part B of Annex I to Directive 2008/95/EC.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in the Annex.
Article 56
Entry into Force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Articles 1, 7, 15, 19, 20 and 21 shall apply from 15 January 2019.
Article 57
Addressees
This Directive is addressed to the Member States.
ANNEX
Correlation table
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 |
( 1 ) OJ C 327, 12.11.2013, p. 42.
( 2 ) Position of the European Parliament of 25 February 2014 (not yet published in the Official Journal) and position of the Council at first reading of 10 November 2015 (not yet published in the Official Journal). Position of the European Parliament of 15 December 2015.
( 3 ) 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 (OJ L 299, 8.11.2008, p. 25).
( 4 ) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).
( 5 ) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).
( 6 ) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
( 7 ) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
( 8 ) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
( 9 ) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1).