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Directive (EU) 2015/2436 of the European Parliament and of the CouncilShow full title

Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Recast) (Text with EEA relevance)

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  1. Introductory Text

  2. CHAPTER 1 GENERAL PROVISIONS

    1. Article 1.Scope

    2. Article 2.Definitions

  3. CHAPTER 2 SUBSTANTIVE LAW ON TRADE MARKS

    1. SECTION 1 Signs of which a trade mark may consist

      1. Article 3.Signs of which a trade mark may consist

    2. SECTION 2 Grounds for refusal or invalidity

      1. Article 4.Absolute grounds for refusal or invalidity

      2. Article 5.Relative grounds for refusal or invalidity

      3. Article 6.Establishment a posteriori of invalidity or revocation of a trade mark

      4. Article 7.Grounds for refusal or invalidity relating to only some of the goods or services

      5. Article 8.Lack of distinctive character or of reputation of an earlier trade mark precluding a declaration of invalidity of a registered trade mark

      6. Article 9.Preclusion of a declaration of invalidity due to acquiescence

    3. SECTION 3 Rights conferred and limitations

      1. Article 10.Rights conferred by a trade mark

      2. Article 11.The right to prohibit preparatory acts in relation to the use of packaging or other means

      3. Article 12.Reproduction of trade marks in dictionaries

      4. Article 13.Prohibition of the use of a trade mark registered in the name of an agent or representative

      5. Article 14.Limitation of the effects of a trade mark

      6. Article 15.Exhaustion of the rights conferred by a trade mark

      7. Article 16.Use of trade marks

      8. Article 17.Non-use as defence in infringement proceedings

      9. Article 18.Intervening right of the proprietor of a later registered trade mark as defence in infringement proceedings

    4. SECTION 4 Revocation of trade mark rights

      1. Article 19.Absence of genuine use as ground for revocation

      2. Article 20.Trade mark having become generic or misleading indication as grounds for revocation

      3. Article 21.Revocation relating to only some of the goods or services

    5. SECTION 5 Trade marks as objects of property

      1. Article 22.Transfer of registered trade marks

      2. Article 23. Rights in rem

      3. Article 24.Levy of execution

      4. Article 25.Licensing

      5. Article 26.Applications for a trade mark as an object of property

    6. SECTION 6 Guarantee or certification marks and collective marks

      1. Article 27.Definitions

      2. Article 28.Guarantee or certification marks

      3. Article 29.Collective marks

      4. Article 30.Regulations governing use of a collective mark

      5. Article 31.Refusal of an application

      6. Article 32.Use of collective marks

      7. Article 33.Amendments to the regulations governing use of a collective mark

      8. Article 34.Persons entitled to bring an action for infringement

      9. Article 35.Additional grounds for revocation

      10. Article 36.Additional grounds for invalidity

  4. CHAPTER 3 PROCEDURES

    1. SECTION 1 Application and registration

      1. Article 37.Application requirements

      2. Article 38.Date of filing

      3. Article 39.Designation and classification of goods and services

      4. Article 40.Observations by third parties

      5. Article 41.Division of applications and registrations

      6. Article 42.Class fees

    2. SECTION 2 Procedures for opposition, revocation and invalidity

      1. Article 43.Opposition procedure

      2. Article 44.Non-use as defence in opposition proceedings

      3. Article 45.Procedure for revocation or declaration of invalidity

      4. Article 46.Non-use as a defence in proceedings seeking a declaration of invalidity

      5. Article 47.Consequences of revocation and invalidity

    3. SECTION 3 Duration and renewal of registration

      1. Article 48.Duration of registration

      2. Article 49.Renewal

    4. SECTION 4 Communication with the office

      1. Article 50.Communication with the office

  5. CHAPTER 4 ADMINISTRATIVE COOPERATION

    1. Article 51.Cooperation in the area of trade mark registration and administration

    2. Article 52.Cooperation in other areas

  6. CHAPTER 5 FINAL PROVISIONS

    1. Article 53.Data protection

    2. Article 54.Transposition

    3. Article 55.Repeal

    4. Article 56.Entry into Force

    5. Article 57.Addressees

    1. ANNEX

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