Activities of Sajjad KARIM related to 2013/0088(COD)

Shadow reports (2)

RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) PDF (160 KB) DOC (77 KB)

2016/11/22
Committee: JURI
Dossiers: 2013/0088(COD)
Documents: PDF(160 KB) DOC(77 KB)

2016/11/22
Committee: JURI
Dossiers: 2013/0088(COD)
Documents: PDF(852 KB) DOC(971 KB)

Amendments (6)

Sajjad KARIM

Proposal for a regulation
Recital 9

(9) In order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trademarks, the requirement of graphic representability should be deleted from the definition of a European trade mark. A sign should be permitted to be represented in any appropriate form, and thus not necessarily by graphic means, as long as the ~~representation~~sign is capable of being represented in a manner which is clear, precise, self- contained, easily accessible, durable and objective. A sign is therefore permitted in any appropriate form, taking account of generally available technology and enables the competent authorities and the public to determine ~~with precision and clarity the precis~~the subject matter of protection.

2013/10/31
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b

Regulation (EC) No 207/2009
Article 7 – paragraph 2

2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain~~: (a)~~ in only part of the Union~~; (b) only where a trade mark in a foreign language or script is translated or transcribed in any script or official language of a Member State~~.

2013/10/31
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a

Regulation (EC) No 207/2009
Article 8 – paragraph 3 – point b

(b) where the trade mark is liable to be confused with an earlier trade mark ~~protected outside the Union~~, provided that, at the date of the application, the earlier trade mark was still in genuine use and the applicant was acting in bad faith.

2013/10/31
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – paragraph 1 – point 28

Regulation (EC) No 207/2009
Article 28 – paragraph 8 a (new)

8a. Where the register is amended, the exclusive rights conferred on the European Union trade mark under Article 9 shall not prevent any third party from continuing to use a trade mark in relation to goods or services where and to the extent that: (a) the use of the trade mark for those goods or services commenced before the register was amended, and (b) the use of the trade mark in relation to those goods or services did not infringe the proprietor's rights based on the literal meaning of the goods and services recorded in the register at that time. In addition, the amendment of the list of goods or services recorded in the register shall not give the proprietor of the European Union trade mark the right to oppose or to apply to invalidate a later filed trade mark where and to the extent that: (a) the later trade mark was either in use, or an application had been made to register the trade mark, for goods or services before the register was amended, and (b) the use of the trade mark in relation to those goods or services did not infringe, or would not have infringed, the proprietor's rights based on the literal meaning of the goods and services recorded in the register at that time.

2013/10/31
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – paragraph 1 – point 36

Regulation (EC) No 207/2009
Article 38 – paragraph 1a

(36) In ~~Title IV, Section 2 is deleted;~~Article 38, the following paragraph 1a is inserted: 1a. Upon notification to the Agency at the time of registration, applicants may choose to not receive the Union search report referred to in paragraph 1.

2013/10/31
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – paragraph 1 – point 98

Regulation (EC) No 207/2009
Article 123 c – paragraph 2

2. The ~~Agency~~Management Board shall define, and elaborate ~~and coordinate~~ common projects of Union interest with regard to the areas referred to in paragraph 1. The project definition shall ~~contain~~set out the specific obligations and responsibilities of each participating industrial property office of the Member States and the Benelux Office for Intellectual Property. Throughout all phases of the common projects, the Agency shall coordinate the common projects and consult with representatives from users.

2013/10/31
Committee: JURI

Activities of Sajjad KARIM related to 2013/0088(COD)

Shadow reports (2)

Amendments (6)

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