What changed, Regulation (EU) 2017/1001

− ### art_1
− Article 1
− 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 ‘European Union trade mark (“EU trade mark”)’.
− 2. An EU trade mark shall have a unitary character. It shall have equal effect throughout the 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 prohibited, save in respect …
− ### art_2
− Article 2
− 1. A European Union Intellectual Property Office (‘the Office’) is 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.
− ### art_3
− Article 3
− ### art_4
− Article 4
− | (a) | distinguishing the goods or services of one undertaking from those of other undertakings; and |
− | --- | --- |
− | (b) | being represented on the Register of European Union trade marks (‘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. |
− | --- | --- |
− ### art_5
− Article 5
− ### art_6
− Article 6
− ### art_7
− Article 7
− 1. The following shall not be registered:
− | (a) | signs which do not conform to the requirements of Article 4; |
− | --- | --- |
− | (b) | trade marks which are devoid of any distinctive character; |
− | --- | --- |
− | (c) | 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 serv…
− | --- | --- |
− | (d) | 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; |
+ ## CHAPTER I — GENERAL PROVISIONS
+ ### 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 ‘European Union trade mark (“EU trade mark”)’.
+ **2.** An EU trade mark shall have a unitary character. It shall have equal effect throughout the 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 prohibited, save in resp…
+ ### Article 2 — Office
+ **1.** A European Union Intellectual Property Office (‘the Office’) is 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
+ ## CHAPTER II — THE LAW RELATING TO TRADE MARKS / SECTION 1 — Definition of an EU trade mark and obtaining an EU trade mark
+ ### Article 4 — Signs of which an EU trade mark may consist
+ (a) distinguishing the goods or services of one undertaking from those of other undertakings; and
+ (b) being represented on the Register of European Union trade marks (‘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.
+ ### Article 5 — Persons who can be proprietors of EU trade marks
+ ### Article 6 — Means whereby an EU trade mark is obtained
+ ### Article 7 — Absolute grounds for refusal
+ **1.** The following shall not be registered:(a) signs which do not conform to the requirements of Article 4;(b) trade marks which are devoid of any distinctive character;(c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quan…
+ **2.** Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Union.
+ **3.** Paragraph 1(b), (c) and (d) shall not apply if the trade mark has become distinctive in relation to the goods or services for which registration is requested as a consequence of the use which has been made of it.
+ ### Article 8 — Relative grounds for refusal
+ **1.** Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered:(a) if it is identical with the earlier trade mark and the goods or services for which registration is applied for are identical with the goods or services for which the earlier trad…
+ **2.** For the purposes of paragraph 1, ‘earlier trade mark’ means:(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 EU trade mark, taking account, where appropriate, of the priorities claimed in r…
+ **3.** Upon opposition by the proprietor of the trade mark, a trade mark shall not be registered where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor's consent, unless the agent or representative justifies his ac…
+ **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 Union legislation or the law of the Member State g…
+ **5.** Upon opposition by the proprietor of a registered earlier trade mark within the meaning of paragraph 2, the trade mark applied for shall not be registered where it is identical with, or similar to, an earlier trade mark, irrespective of whether the goods or services for which it is applied ar…
+ **6.** Upon opposition by any person authorised under the relevant law to exercise the rights arising from a designation of origin or a geographical indication, the trade mark applied for shall not be registered where and to the extent that, pursuant to the Union legislation or national law providin…
+ ## CHAPTER II — THE LAW RELATING TO TRADE MARKS / SECTION 2 — Effects of an EU trade mark
+ ### Article 9 — Rights conferred by an EU trade mark
+ **1.** The registration of an EU trade mark shall confer on the proprietor exclusive rights therein.
+ **2.** Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the EU trade mark, the proprietor of that EU 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 servi…
+ **3.** The following, in particular, may be prohibited under paragraph 2:(a) affixing the sign to the goods or to the packaging of those goods;(b) offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder;(c) impo…