What changed, Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (…

− ### Article 1
− Community trade mark
− 1. A trade mark for goods or services which is registered in accordance with the conditions contained in this Regulation and in the manner herein provided is hereinafter referred to as a ‘Community trade mark’.
− 2. A Community trade mark shall have a unitary character. It shall have equal effect throughout the Community: it shall not be registered, transferred or surrendered or be the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor shall its use be prohibited, save i…
− ### Article 2
− Office
− An Office for Harmonisation in the Internal Market (trade marks and designs), hereinafter referred to as ‘the Office’, is hereby established.
− ### Article 3
− Capacity to act
− ## SECTION 1 / Definition of a Community trade mark and obtaining a Community trade mark
− ### Article 4
− Signs of which a Community trade mark may consist
− A Community trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertakin…
− ### Article 5
− Persons who can be proprietors of Community trade marks
− Any natural or legal person, including authorities established under public law, may be the proprietor of a Community trade mark.
− ### Article 6
− Means whereby a Community trade mark is obtained
− A Community trade mark shall be obtained by registration.
− ### Article 7
− Absolute grounds for refusal
− (i) the shape which results from the nature of the goods themselves;
− (ii) the shape of goods which is necessary to obtain a technical result;
− (iii) the shape which gives substantial value to the goods;
− (j) trade marks for wines which contain or consist of a geographical indication identifying wines or for spirits which contain or consist of a geographical indication identifying spirits with respect to such wines or spirits not having that origin;
− (k) trade marks which contain or consist of a designation of origin or a geographical indication registered in accordance with Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (6) wh…
− 2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Community.
− ### Article 8
− Relative grounds for refusal
− (a) 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 Community trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks:
+ ### Article 1 — EU trade mark
+ 1. A trade mark for goods or services which is registered in accordance with the conditions contained in this Regulation and in the manner herein provided is hereinafter referred to as a ►M1 ‘European Union trade mark (“EU trade mark”)’** ◄ **.
+ 2. An►M1 EU trade mark** ◄ ** shall have a unitary character. It shall have equal effect throughout the ►M1 Union** ◄ **: it shall not be registered, transferred or surrendered or be the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor shall its use be prohibi…
+ ### Article 2 — Office
+ 1. A European Union Intellectual Property Office (‘the Office’) is hereby established.
+ 2. All references in Union law to the Office for Harmonization in the Internal Market (trade marks and designs) shall be read as references to the Office.
+ ### Article 3 — Capacity to act
+ ## SECTION 1 / Definition of an►M1 EU trade mark** ◄ ** and obtaining an►M1 EU trade mark** ◄ **
+ ### Article 4 — Signs of which an►M1 EU trade mark** ◄ ** may consist
+ An►M1 EU trade mark** ◄ ** may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undert…
+ ### Article 5 — Persons who can be proprietors of ►M1 EU trade marks** ◄ **
+ Any natural or legal person, including authorities established under public law, may be the proprietor of an►M1 EU trade mark** ◄ **.
+ ### Article 6 — Means whereby an►M1 EU trade mark** ◄ ** is obtained
+ An►M1 EU trade mark** ◄ ** shall be obtained by registration.
+ ### Article 7 — Absolute grounds for refusal
+ (i) the shape, or another characteristic, which results from the nature of the goods themselves;
+ (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result;
+ (iii) the shape, or another characteristic, which gives substantial value to the goods;
+ (j) trade marks which are excluded from registration, pursuant to Union legislation or national law 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;
+ (k) 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;
+ (l) 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;
+ (m) trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or national law, or international agreements to which the Union or the Member State concerned is a party, providing for protection of plan…
+ 2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the ►M1 Union** ◄ **.
+ ### Article 8 — Relative grounds for refusal
+ (a) 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 ►M1 EU trade mark** ◄ **, taking account, where appropriate, of the priorities claimed in respect of those trade marks:
+ (i) ►M1 EU trade marks** ◄ **;
+ (iv) trade marks registered under international arrangements which have effect in the ►M1 Union** ◄ **;
+ (c) trade marks which, on the date of application for registration of the ►M1 EU trade mark** ◄ **, or, where appropriate, of the priority claimed in respect of the application for registration of the ►M1 EU trade mark** ◄ **, are well known in a Member State, in the sense in which the words ‘well k…
+ 4. Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to the ►M1 Union** ◄ ** legislation or the law of the Mem…
+ (a) rights to that sign were acquired prior to the date of application for registration of the ►M1 EU trade mark** ◄ **, or the date of the priority claimed for the application for registration of the ►M1 EU trade mark** ◄ **;