Laws and Regulations under TRIPS Art. 63.2 - View details of the document

The amendments to Rules 32 and 37 and the inclusion of new Rules 12A and 28A of the Trade Marks Rules 1996 are necessary to give effect to Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 amending Directive 2008/95/EC relating to trade marks. Rule 12A lays down specific rules and requirements for the representation of certain types of trade mark, in accordance with the trade mark's specific nature and attributes; Rule 32(2) is amended to provide that amendments to regulations governing Collective Marks, should be recorded in the register; the amendment to Rule 37 changes the timeframe within which the Controller shall send the registered proprietor a notice that the registration may be renewed, in line with Article 49 of the Directive; and new Rule 28A provides for the division of a registration in line with Article 41 of the Directive. The amendment to Rule 4 is for the purpose of updating practice and procedure relating to fee payments. The amendment to Rule 6 corrects a typographical error. The amendment to Rule 13 provides for a more up-to-date and flexible approach relating to the submission of priority documents. The inclusion of new Rule 18A and the amendments to Rules 21 and 25 are for the purposes of setting out general powers of the Controller relating to opposition proceedings and further clarifying certain procedural steps regarding the filing of evidence, exchanges of written submissions and hearings in opposition proceedings. In particular, amendments to Rule 25 and 61 remove references to the payment of a prescribed fee by applicants for hearings as a fee is no longer prescribed. The amendment to Rule 41 is for the purpose of clarifying certain procedural steps around oppositions to the filing of an application for revocation or invalidity.
See also: IP/N/1/EU/T/14 (Council Regulation (EU) 2017/1001) IP/N/1/EU/T/5 (Directive (EU) 2015/2436 amending Directive 2008/95/EC)
Intellectual Property Unit, Department of Enterprise, Trade & Employment,