5 Amendments of Antonio MASIP HIDALGO related to 2013/0089(COD)
Amendment 54 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to enable proprietors of registered trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing trade mark to goods and certainall preparatory acts prior to the affixing.
Amendment 57 #
Proposal for a directive
Recital 29
Recital 29
(29) Trade marks fulfil their purpose of distinguishing goods or services and allowing consumers to make informed choices only when they are actually used on the market. A requirement of use is also necessary in order to reduce the total number of trade marks registered and protected in the Union and, consequently, the number of conflicts which arise between them. It is therefore essential to require that registered trade marks must actually be used in connection with the goods or services for which they are registered, or, if not used within five years of the date of registration, must be liable to be revoked.
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Directive 2008/95/EC
Article 2
Article 2
A trade mark may consist of any signs, in particular words, including personal names, designs, models, motifs, devices and logos, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that such signs are capable of:
Amendment 68 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Any Member State may provide that pParagraph 5 shall also apply where the distinctive character was acquired after the date of application for registration and before the date of registration.
Amendment 70 #
Proposal for a directive
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) if it is identical with, or similar to, an earlier trade mark irrespective of whether the goods or services for which it is applied or registered are identical with, similar to or not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in a substantial part of the territory of the Union, which may lie within a single Member State or, in case of a European trade mark, has a reputation in the Union and the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark;