12 Amendments of Tadeusz ZWIEFKA related to 2013/0089(COD)
Amendment 53 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to enable proprietors of registered trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing trade mark to goods and certain preparatory acts prior to the affixing.
Amendment 66 #
Proposal for a directive
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of spirit drinks, traditional terms for wine and traditional specialities guaranteed.
Amendment 67 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. A trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for registration or after the date of registration, andfollowing use which has been made of it, it has acquired a distinctive character. A trade mark shall not be declared invalid for the same reasons if, before the date of application for invalidity, following the use which has been made of it, it has acquired a distinctive character.
Amendment 77 #
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
(d) using the sign as a trade or company name or part of a trade or company name, or domain names;
Amendment 82 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. Customs authorities shall also carry out the relevant controls according to the rules laid down in Regulation (EC) 608/2013 at the request of rightholders and based on risk analysis criteria, on goods, including packaging, suspected of infringing a trade mark that are crossing the territory of the European Union under a suspensive procedure and are destined and released to the market of a third country.
Amendment 90 #
Proposal for a directive
Article 17
Article 17
Amendment 92 #
Proposal for a directive
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. An application for registration of a trade mark shall contain at least:
Amendment 93 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The offices shall limit theirundertake examination ex officio of whether a trade mark application is eligible for registration to the absence ofconsidering the absolute grounds for refusal provided for in Article 4.
Amendment 100 #
Proposal for a directive
Article 46 – paragraph 1
Article 46 – paragraph 1
1. In administrative opposition proceedings, where at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, upon request of the applicant the proprietor of the earlier trade mark who has given notice of opposition shall furnish proof that the earlier trade mark has been put to genuine use as provided for in Article 16 during the period of five years preceding the filing date or date of priority of the later trade mark, or that proper reasons for non-use existed. In the absence of proof to this effect the opposition shall be rejected.
Amendment 103 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
1. In administrative proceedings for a declaration of invalidity based on a registered trade mark with an earlier filing date or priority date, if the proprietor of the later trade mark so requests, the proprietor of the earlier trade mark shall furnish proof that, during the period of five years preceding the date of the application for a declaration of invalidity, the earlier trade mark has been put to genuine use as provided for in Article 16 in connection with the goods or services in respect of which it is registered and which he cites as justification for his application, or that there are proper reasons for non-use, provided that the period of five years within which the earlier trade mark must have been put to genuine use has expired at the date of the application for a declaration of invalidity.
Amendment 104 #
Proposal for a directive
Article 52
Article 52
Member States shall ensure that the offices may effectively cooperate with each other and with the Agency in order to promote convergence of practices and tools and achieve coherent results in the examination and registration of trade marks.
Amendment 106 #
Proposal for a directive
Article 53
Article 53
Member States shall ensure that the offices may effectively cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which are of relevance for the protection of trade marks in the Union.