TRADEMARK - PROTECTIVE ELEMENT OF INTELLECTUAL PROPERTY RIGHTS

Abstract

At EU level, the legal framework for trademarks coexists with national systems harmonized through the Trademarks Directive [Directive (EU) 2015/2436 of 16 December 2015]. In addition to the national way, other possible ways for trademark protection in the EU are the Benelux way, the EU trademark, introduced in 1994, and the international way. Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark codifies and replaces all previous EC regulations on the EU trademark. The codification was done for reasons of clarity, given that the EU trade mark system had already been substantially amended several times. The EU trademark has a unitary character and equal effect throughout the EU. The European Union Intellectual Property Office (EUIPO) is responsible for managing the EU trademark and EU designs.