Activities of Bernhard RAPKAY related to 2013/0089(COD)
Shadow reports (1)
REPORT 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) PDF (431 KB) DOC (516 KB)
Amendments (8)
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 49 #
Proposal for a directive
Recital 22
Recital 22
(22) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Member State without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods. This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
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 63 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
A trade mark may consist of any signs , in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of:
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 83 #
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. This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
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.