The Trademark Law Reform, commonly known as the « paquet marques », was finally adopted on December 15, 2016. The reform contains both a regulation and a directive. As such, Directive 2015/2436 of December 16, 2015 amended Directive 2008/95/EC of October 22, 2008 to approximate the laws of Member States relating to trademarks, and Regulation 2015/2424 of December 16, 2015 revised Council Regulation (EC) No. 207/2009 of February 26, 2009 on the Community Trademark.
This reform aims to harmonize and modernize trademark law in the European Union. It involves many changes in the subject.
The “European Union mark” thus replaced the “Community mark“.
Among the developments, it should be noted that the requirement of a graphic representation of the registered sign is no longer necessary. Henceforth, the only requirement for the registration of a sign is that it can be represented in a way that is “clear, precise, self-contained, easily accessible, intelligible, durable and objective” (point 13 of Directive (EU) 2015 / 2436). The registration of sound, olfactory and so-called trademarks in movement can therefore be facilitated.
Among other important developments, the Trademark Law Reform has endorsed a now-established case law prohibiting any reference to the designation of a class of products or services of the brand to claim the protection of the entirety thereof. It is therefore appropriate to list specifically which products or services the registration of the sign will bear.
This directive will shortly be transposed into national law. Stéphane Guerlain, as president of the AAPI, is fully invested, along with the French authorities, in the transposition of this directive.