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EU trademarks: changes applicable as from 1 October 2017

On 1 October 2017, the Implementing Regulation and the Delegated Regulation repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96 and some of the provisions of the Regulation (EU) 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation (the Amending Regulation) will enter into force.

The most important changes that will affect users as from 1 October 2017 are the following ones:

- The graphical representation requirement is removed: this implies that the signs may be represented in any appropriate form using generally available technology. The deletion of this requirement offers the possibility to apply not only conventional trademarks, but also non-conventional trademarks such as sound marks, motion marks, multimedia trademarks or holograms.

- EU certification trademarks: this type of trademarks that certify that the goods and services protected by them comply with defined requirements may be filed as EU trademarks before the EUIPO.

- Modifications related with procedural changes in examination, opposition and cancellation, being one of the most relevant changes the filing of the priority claim at the moment of filing the trademark application, and not afterwards.

All the changes that will enter into force on 1 October 2017 together with those applicable as from 23 March 2016 are aimed at creating an efficient and uniform trademark system which offers legal certainty to users and which adapts itself to new times.