4 Amendments of Adam BIELAN related to 2013/0089(COD)
Amendment 15 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability, the procedure for the registration of trade marks in the Member States should be efficient and transparent and should follow rules similar to those applicable to European trade marks. With a view to achieving a consistent and balanced trade mark system both at national and Union level, all the central industrial property offices of the Member States should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only. This should however not prejudice the right of those offices to provide, upon request of applicants, or if those offices deem it appropriate, searches for earlier rights on a purelyn informative basis and without any prejudice to or binding effect on the further registration process, including subsequent opposition proceedings.
Amendment 27 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The offices shall limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of the absolute grounds for refusal provided for in Article 4. This provision shall be applied without prejudice to the right of those offices to carry out examinations should they deem them necessary or at the request of applicants.
Amendment 33 #
Proposal for a directive
Article 52 – paragraph 1
Article 52 – paragraph 1
Member States shall ensure that the offices cooperate with each otherould take steps to develop cooperation between the offices 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 35 #
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
Member States shall take steps to ensure that the offices cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which ary which they consider to be of relevance for the protection of trade marks in the Union, but other than those referred to in Article 52.