Activities of Pier Antonio PANZERI related to 2013/0089(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Recast)
Amendments (17)
Amendment 10 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a trade mark only if and to the extent that the main function of the trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
Amendment 11 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The main function of a trademark is to guarantee the origin of the product to the consumer or final user by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
Amendment 12 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) When determining whether the main function of a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 13 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used for a due cause in order to allow consumers to make comparisons, to express opinions or where there is no commercial use of the mark.
Amendment 18 #
Proposal for a directive
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
Amendment 25 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause in connection with: (a) advertising or promotion that permits consumers to compare goods or services; or (b) identifying and parodying, criticizing, or commenting upon the trade mark proprietor or the goods or services of the trade mark owner proprietor; or (c) any non-commercial use of a mark.
Amendment 29 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Prior to registration of a trade mark, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the office written observations, explaining on which of the grounds listed in Article 4 the trade mark shall not be registered ex officio. They shall not be parties to the proceedings before the office.
Amendment 32 #
Proposal for a directive
Article 45 – paragraph 3 a (new)
Article 45 – paragraph 3 a (new)
3a. Notice of opposition to registration of the trade mark may also be given by any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers on the grounds provided for in Article 5.
Amendment 45 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a trade mark only if and to the extent that the main function of the trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
Amendment 46 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The main function of a trademark is to guarantee the origin of the product to the consumer or final user by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin.
Amendment 47 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) When determining whether the main function of a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 55 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used for a due cause in order to allow consumers to make comparisons, to express opinions or where there is no commercial use of the mark.
Amendment 58 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) Notice of opposition to registration of the trade mark may also be given by any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers furnishing proof that a trade mark is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service.
Amendment 74 #
Proposal for a directive
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
Amendment 87 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause in connection with: (a) advertising or promotion that permits consumers to compare goods or services; or (b) identifying and parodying, criticizing, or commenting upon the trade mark proprietor or the goods or services of the trade mark owner proprietor; or (c) any non-commercial use of a mark.
Amendment 94 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Prior to registration of a trade mark, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the office written observations, explaining on which of the grounds listed in Article 4 the trade mark shall not be registered ex officio. They shall not be parties to the proceedings before the office.
Amendment 99 #
Proposal for a directive
Article 45 – paragraph 3 a (new)
Article 45 – paragraph 3 a (new)
3a. Notice of opposition to registration of the trade mark may also be given by any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers.