Activities of Pier Antonio PANZERI related to 2013/0088(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark
Amendments (18)
Amendment 17 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Notice of opposition to registration of the trade mark may also be given by any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers furnishing proof that a trade mark is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;
Amendment 18 #
Proposal for a regulation
Recital 15
Recital 15
(15) 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 European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
Amendment 19 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) 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 20 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) When determining whether the main function of a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 21 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) 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 23 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 207/2009
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
the sign is identical with the European trade mark and is used in relation to goods or services which are identical with those for which the European trade mark is registered, and where such use affects or is liable to affect the function of the European 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 29 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) 207/2009
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
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
Amendment 37 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EC) 207/2009
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Regulation (EC) 207/2009
Article 41 – paragraph 5 (new)
Article 41 – paragraph 5 (new)
Amendment 74 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Notice of opposition to registration of the trade mark may also be given by any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers furnishing proof that a trade mark is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service.
Amendment 77 #
Proposal for a regulation
Recital 15
Recital 15
(15) 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 European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
Amendment 78 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) 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 79 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) When determining whether the main function of a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 87 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) 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 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the sign is identical with the European trade mark and is used in relation to goods or services which are identical with those for which the European trade mark is registered, and where such use affects or is liable to affect the function of the European 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 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. 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
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EC) No 207/2009
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Regulation (EC) No 207/2009
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4a. Notice of opposition to registration of the trade mark may also be given by any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers furnishing proof that a trade mark is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;